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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.
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.