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The Client may not pursue any other legal relief in connection with the violation of guarantee set out in this Article. Limitation on Guarantee relating to Function of Software (1) The Software shall be furnished on as-is basis and shall not provide any security or guarantee whether express or implied.
Six Apart shall not provide security or guarantee of any kind whatsoever, whether express or implied, including, but not limited to, an implied security or guarantee concerning the merchantability and suitability to any specific objectives.
The Client shall determine the suitability of use of the Software at its own responsibility, and bear any and all risks pertaining to such use. Termination (1) If the Client violates any provision of this Agreement, Six Apart may terminate this Agreement without giving notice. 227.7202-1 through 27.7202-4 shall apply concurrently and any and all United States end users shall obtain the Software within the extent of the rights stipulated in the said provisions.This Agreement shall constitute an entire agreement between the Client and Six Apart, and the Client shall use the Software in accordance with the provisions of this Agreement. (8) To the extent not significantly prejudice the benefit of the Client, the Client shall acknowledge that Six Apart may amend or modify this Agreement without consent of the Client.This Agreement shall supersede any and all agreements prior to the execution of this Agreement. (9) Titles and numbers of Articles, Paragraphs and Items of this Agreement shall be for convenience purposes only, and they shall not have any legal effects.Release of an Upgrade may be confirmed by a change of the figure before the decimal point of the version number. Six Apart shall be entitled to determine whether the use by the Client is pursuant to this Agreement or not.Six Apart shall retain all rights pertaining to the Software (including all intellectual property rights), as well as all rights pertaining to the Software which are not specifically licensed under this Agreement. Production of Duplicates The Client may duplicate the Software in any readable forms, in the minimum number necessary only for the backup purpose; provided, however, that, such duplication of the Software shall be made in the same form as the original and with an indication of the authorized person.
The number of Commenters shall not be included in the number of Users.