6. No Warranty
Effectiveness of a packaged software in handling information is closely related to its soft-
ware and hardware environment. The Software is published following careful develop-
ment and product testing by Penpower, but Penpower is not able to conduct tests based on
all possible combinations of software and hardware environment. Therefore, Penpower
is unable to promise nor warrant that there will be absolutely no risk of loss or damage of
information, or any other kind of loss, during installation and/or execution of the Soft-
ware. You must be fully aware of your risks in using the Software.
Penpower will provide you with the Software and support services in respect of the Soft-
ware to the maximum extent permitted by law. However, Penpower does not warrant that
the Software and information included in the package of the Software contain no defects
or errors. Penpower is not liable for any indirect, special or incidental loss arising from
the Software, including but not limited to loss of proﬁts, damage to business reputation,
cessation of work, hardware malfunction or damage, or any other commercial damage or
loss arising from commercial use of the Software.
7. Limitation of Liability and Damages
The maximum amount of compensation payable by Penpower, in respect of any damage
incurred by you for any reason under this Agreement, is limited to the amount you have
already paid to Penpower in respect of the Software.
Under no circumstances will Penpower be held liable for the possibility of loss, notwith-
standing Penpower may be aware of the possibility of such loss.
8. Prohibition Against Sublicense
You are prohibited to assign the license in respect of the Software granted to you under
this Agreement, or to grant a sublicense to another person.
With regards to any disputes arising from this Agreement, Penpower and you agree that
the court having jurisdiction over the business location of Penpower will be the court in
the ﬁrst instance.
In the event that any provision of this Agreement is found to be invalid at law, such
invalidity will not affect the validity of any other provisions, or the legal enforceability of
such other provisions.
In the event that the Software cannot be executed under conditions of normal use, due to
any damage to the original disk/s, Penpower will replace the disk/s free of charge.