1.DISCLAIMER OF WARRANTY. 
Since the Software is provided  free of  charge, the Software is provided on an "AS IS" basis, without  warranty of any kind, including without limitation the warranties of  merchantability, fitness for a particular purpose and non-infringement.  The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not DANA CONSULTING INC.  assume the entire cost of any service and repair. In addition, the  security mechanism implemented by the Software has inherent  limitations, and you must determine that the Software sufficiently meets  your requirements.  This disclaimer of warranty constitutes an essential  part of the agreement. SOME STATES DO NOT ALLOW  EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS  DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE  OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE  OR BY 
JURISDICTION. 
2. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES  AND UNDER NO LEGAL 
THEORY, TORT, CONTRACT, OR  OTHERWISE, SHALL DANA CONSULTING INC. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY  INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL  DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT  LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK  STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR  ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES.  IN NO EVENT WILL DANA CONSULTING INC. BE LIABLE FOR ANY DAMAGES IN  EXCESS OF DANA CONSULTING INC.'S LIST PRICE FOR A LICENSE TO THE  SOFTWARE, EVEN IF DANA CONSULTING INC. SHALL HAVE BEEN INFORMED  OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY  CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR  PERSONAL INJURY TO THE EXTENT APPLICABLE LAW  PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION  OF INCIDENTAL OR  CONSEQUENTIAL DAMAGES, SO THIS  LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
