SUBLICENSE. POC Advisor (POCA) hereby grants a limited nonexclusive and nontransferable sublicense for certain POCA Technology through the Sublicensor to the end-user Sublicensee subject to a written agreement between Sublicensor and Sublicensee. Sublicensee acknowledges that POCA owns the POCA Technology subject to the sublicense.
PROTECTIONS AND NONDISCLOSURE. Sublicensee agrees that it shall protect all Intellectual properties in the POCA Technology, including without limitation, patents, copyrights, and trade secrets. Further, Sublicensee shall not disclose any POCA Technology to any third parties, nor reverse engineer any POCA Technology.
WARRANTY DISCLAIMER. ANY USE BY SUBLICENSEE OF THE POCA TECHNOLOGY IS AT SUBLICENSEE’S OWN RISK. THE POCA TECHNOLOGY IS PROVIDED FOR USE “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, POCA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. POCA IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE POCA TECHNOLOGY.
LIMITATION OF LIABILITY. NO LIABILITY FOR DAMAGES. IN NO EVENT SHALL POCA OR ITS SUPPLIERS HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN ANY WAY ARISING OUT OF THE USE OR INABILITY TO USE ANY PRODUCT AND HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR LOSS OF DATA, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL POCA’S CUMULATIVE LIABILITY ARISING OUT OF THIS SUBLICENSE EXCEED THE AMOUNTS ACTUALLY PAID BY SUBLICENSEE TO SUBLICENSOR OR POCA FOR THE POCA TECHNOLOGY PURSUANT TO THIS SUBLICENSE.