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Limitation of Liability

THIS SITE PROVIDES THE INFORMATION, SERVICES AND PRODUCTS ON THIS WEBSITE “AS IS” WITHOUT WARRANTIES OF ANY KIND. YOU ALSO AGREE THAT THIS SITE SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THE SITE’S FORUMS AND THAT YOUR USE OF THIS SITE’S FORUMS AND ANY DOWNLOADING OF MATERIALS FOUND ON OR THROUGHOUT THIS SITE’S FORUMS IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR DATA THAT RESULTS. ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULL EXTENT PERMITTED BY LAW. THIS SITE DOES NOT WARRANT THAT THE USE OF PERFORMANCE OF THIS WEBSITE WILL BE TIMELY, UNINTERRUPTED OR FREE OF ERROR, OR THAT THIS WEBSITE OR ITS SERVER WILL BE FREE OF VIRUSES. IN NO EVENT SHALL THIS SITE, ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY LOSS OR INJURY, DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING FROM THE USE OR PERFORMANCE OF THIS WEBSITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEBSITE, EVEN IF THIS SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT APPLICABLE LAW PREVENTS THE EXCLUSION OF LIABILITY FOR CERTAIN WARRANTIES, SUCH EXCLUSION DOES NOT APPLY TO YOU TO THE EXTENT LIMITED BY LAW.

Rights Reserved and Trademarks

Notwithstanding any rights licensed hereunder, all rights relating to the Product, including without limitation any copyrights related thereto, are expressly reserved by ARS Defense. Nothing in this License Agreement authorizes you to use L. H. DRAKEN’s trademarks, logos, or other marks in any manner other than as placed on the Product by L. H. DRAKEN.

Liability

You accept full responsibility for your use of the Product and you hereby release, indemnify, agree to defend, and hold l. h. Draken or her publishing house, its officers, directors, members, owners, agents, or assigns harmless from any and all claims or causes of action (including any and all damages and attorney fees) that you might have or that are made by any third parties arising out of or related in any way to your use of the Product or this License Agreement.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL L. H. DRAKEN BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, ARISING OUT OF THE USE OF THE PRODUCT. IN NO CASE SHALL L. H. DRAKEN’s LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT.

This License Agreement shall be governed by the laws of the State of South Dakota, and any action arising out of this License Agreement shall be brought in the State Circuit Court for Lawrence county, South Dakota  You waive any challenge to the venue or jurisdiction in LAWRENCE South Dakota relating to the Product; supersedes all prior oral or written communications, proposals, and representations with respect to the Product; and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. L. H. DRAKEN may terminate this License Agreement if you breach any term contained herein and, if such termination occurs, you must cease use of and destroy all copies of the Product.