WPlay\
License Agreement



LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND IN NO EVENT AND UNDER NO LEGAL THOERY, TORT, CONTRACT, OR OTHERWISE, SHALL THE AUTHOR OF WPLAY OR ITS SUPPLIERS BE HELD RESPONSIBLE OR LIABLE FOR ANY LOST REVENUES, LOST PROFITS, LOST DATA, OR OTHER SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGE OR FOR LOSS, DAMAGE OR EXPENSE DIRECTLY OR INDIRECTLY ARISING OUT OF THE PERFORMANCE OF THE AGREEMENT OR FROM YOUR OR ANY OTHER PARTY'S USE OF OR INABILITY TO USE WPLAY EITHER SEPARATLY OR IN COMBINATION WITH OTHER EQUIPMENT OR FOR COMMERCIAL LOSS OF ANY KIND, EVEN IF THE AUTHOR OR ITS SUPPLIERS ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE, NOR SHALL THE AUTHOR OR ITS SUPPLIERS BE HELD LIABLE FOR ANY AMOUNT IN EXCESS OF THE AMOUNT ACTUALLY PAID BY YOU UNDER THIS AGREEMENT. THE AUTHOR SHALL NOT BE HELD TO ANY LIABILITY WITH RESPECT TO ANY CLAIM BY A THIRD PARTY ON ACCOUNT OF OR ARISING FROM THE USE OF OR THE INABILITY TO USE WPLAY. YOU ASSUME ALL RISKS AND LIABILITY FOR LOSS, DAMAGE OR INJURY TO YOU OR YOUR OR OTHERS PROPERTY ARISING OUT OF USE OR POSSESSION OF WPLAY. THIS PARAGRAPH SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.