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1. DISCLAIMER OF WARRANTIES: THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PSC AND ITS SUPPLIERS PROVIDE THE SERVICE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. THIS END USER LICENSE AGREEMENT IS THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF AND SUPERSEDES ALL PRIOR AND CONTEMPORANEOUS ORAL AND WRITTEN AGREEMENTS AND DISCUSSIONS. NO EMPLOYEE OR THIRD PARTY PROVIDER OF PSC HAS THE POWER OR AUTHORITY TO MODIFY THIS AGREEMENT EXCEPT BY AN AGREEMENT IN WRITING WHICH BEARS THE SIGNATURE OF AN OFFICER OF PSC'S CORPORATION.
2. THIS SERVICE AND ALL INFORMATION: CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SERVICE ARE PROVIDED BY PSC ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PSC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SERVICE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK.
3. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PSC. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF PSC OR ANY SUPPLIER, AND EVEN IF PSC OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. LIMITATION OF LIABILITY AND REMEDIES: NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF PSC AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICE OR U.S. $5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 3, 4, AND 5 ABOVE) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
5. INDEMNIFICATION: YOU ARE RESPONSIBLE FOR VERIFYING THE ACCURACY OF YOUR INFORMATION ON THIS SERVICE. YOU ARE RESPONSIBLE FOR PROOFING AND SAVING YOUR DATA IN A TIMELY MANNER SO THAT YOU DATA MAILED AND OR FILED PRIOR TO ANY DEADLINES. YOU ARE RESPONSIBLE FOR PAYING FOR THE PROCESSING OF YOUR DATA AND INFORMATION IN A TIMELY MANNER SO THAT YOUR DATA IS MAILED AND OR FILED PRIOR TO ANY DEADLINES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK.
6. MEDIATION & ARBITRATION: IF A DISPUTE (EXCLUDING COPYRIGHT, PATENT, OR TRADEMARK, OR OTHER INTELLECTUAL RIGHTS INFRINGEMENT CLAIMS) ARISES FROM OR RELATES TO THIS AGREEMENT OR THE BREACH THEREOF, AND IF THE DISPUTE CANNOT BE SETTLED THROUGH DIRECT DISCUSSIONS, THE PARTIES AGREE TO ENDEAVOR FIRST TO SETTLE THE DISPUTE BY MEDIATION IN LOS ANGELES, CALIFORNIA, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL MEDIATION RULES BEFORE RESORTING TO ARBITRATION. ANY UNRESOLVED CONTROVERSY OR CLAIM (EXCLUDING COPYRIGHT, PATENT, OR TRADEMARK INFRINGEMENT CLAIMS) ARISING UNDER THIS AGREEMENT OR ITS BREACH, INCLUDING BUT NOT LIMITED TO ANY CONTROVERSY CONCERNING THE MEANING OR INTERPRETATION OF ANY PROVISION OF THIS AGREEMENT OR CONTROVERSIES ARISING FROM POSSIBLE ERRORS OR OMISSIONS ON THE PART OF LICENSOR OR ITS AGENTS OR SUPPLIERS SHALL BE DECIDED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE PLACE OF ARBITRATION SHALL BE LOS ANGELES, CALIFORNIA. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY.

CONSISTENT WITH THE EXPEDITED NATURE OF ARBITRATION, EACH PARTY WILL, UPON THE WRITTEN REQUEST OF THE OTHER PARTY, PROMPTLY PROVIDE THE OTHER WITH COPIES OF DOCUMENTS RELEVANT TO THE ISSUES RAISED BY ANY CLAIM OR COUNTERCLAIM ON WHICH THE PRODUCING PARTY MAY RELY IN SUPPORT OF OR IN OPPOSITION TO ANY CLAIM OR DEFENSE. ANY DISPUTE REGARDING DISCOVERY, OR THE RELEVANCE OR SCOPE THEREOF, SHALL BE DETERMINED BY THE ARBITRATOR(S), WHICH DETERMINATION SHALL BE CONCLUSIVE. ALL DISCOVERY SHALL BE COMPLETED WITHIN THIRTY (30) DAYS FOLLOWING THE APPOINTMENT OF THE ARBITRATOR(S). AT THE REQUEST OF A PARTY, THE ARBITRATOR(S) SHALL HAVE THE DISCRETION TO ORDER EXAMINATION BY DEPOSITION OF WITNESSES TO THE EXTENT THE ARBITRATOR DEEMS SUCH ADDITIONAL DISCOVERY RELEVANT AND APPROPRIATE. DEPOSITIONS SHALL BE LIMITED TO A MAXIMUM OF THREE PER PARTY AND SHALL BE HELD WITHIN THIRTY (30) DAYS OF THE MAKING OF A REQUEST. ADDITIONAL DEPOSITIONS MAY BE SCHEDULED ONLY WITH THE PERMISSION OF THE ARBITRATOR(S), AND FOR GOOD CAUSE SHOWN. EACH DEPOSITION SHALL BE LIMITED TO A MAXIMUM OF ONE (1) HOUR DURATION. ALL OBJECTIONS ARE RESERVED FOR THE ARBITRATION HEARING EXCEPT FOR OBJECTIONS BASED ON PRIVILEGE AND PROPRIETARY OR CONFIDENTIAL INFORMATION.

IN NO EVENT SHALL AN AWARD IN AN ARBITRATION INITIATED UNDER THIS CLAUSE EXCEED THE CURRENT YEAR'S LICENSE FEES PAID BY LICENSEE TO LICENSOR.

THE ARBITRATOR(S) SHALL NOT AWARD CONSEQUENTIAL DAMAGES IN ANY ARBITRATION INITIATED UNDER THIS SECTION, NOR SHALL THE ARBITRATOR(S) BE EMPOWERED TO ISSUE AN AWARD OF EXEMPLARY OR PUNITIVE DAMAGES. THE ARBITRATOR(S) MAY DETERMINE HOW THE COSTS AND EXPENSES OF THE ARBITRATION SHALL BE ALLOCATED BETWEEN THE PARTIES, BUT THEY SHALL NOT AWARD ATTORNEYS' FEES. THE AWARD SHALL BE IN WRITING, SHALL BE SIGNED BY A MAJORITY OF THE ARBITRATORS, AND SHALL INCLUDE A STATEMENT REGARDING THE REASONS FOR THE DISPOSITION OF ANY CLAIM. EXCEPT AS MAY BE REQUIRED BY LAW, NEITHER A PARTY NOR AN ARBITRATOR MAY DISCLOSE THE EXISTENCE, CONTENT OR RESULTS OF ANY ARBITRATION HEREUNDER WITHOUT THE PRIOR WRITTEN CONSENT OF BOTH PARTIES.