Neusoft's option, either: (i) make a refund of the price, resulting in termination of this Agreement, or (ii) repair or replacement of the Product or media that does not meet this limited warranty. Disclaimers. Except for the limited warranties set forth in section 5.1, the Product and services (if any) are provided "AS IS" without warranty of any kind, either expressed or implied. Neusoft does not warrant that the Product will meet your requirements or that its operation will be uninterrupted or error free. Neusoft hereby disclaims any warranties of merchantability, fitness for a particular purpose, and non-infringement. Limitation of Liability. Under no circumstances or legal theory, whether in tort, contract or otherwise, shall Neusoft be liable to You for any indirect, special, incidental or consequential damage, cost, loss or expense (including, without limitation, loss or interruption of use, loss of data, loss of revenue and claims of third parties on account of loss of use or malfunction), howsoever arising under this Agreement or in relation to the use of the Product even if Neusoft have been advised of the possibility of such damages. Under no circumstances, shall Neusoft be liable for damages in excess of the price of the Product, if the Product was purchased in combination with AA, in excess of the total purchase price of the combination. 6. Export Controls The Product may not be downloaded or otherwise exported or re-exported (i) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or other country to which such export is not permitted under applicable laws of USA. (ii) to anyone on the United States Treasury Department's list of Specially Designated Nations or the United States Commerce Department's Table of Denial Orders. 7. Termination Neusoft may terminate this Agreement at any time upon Your breach of any of the provisions hereof. Upon termination of this Agreement, You agree to cease all use of the Product and return to Neusoft or destroy the Product and all related documentation in your possession, and so certify to Neusoft. Except for the license granted herein and as expressly provided herein, the terms of this Agreement shall survive termination. 8. Indemnification Neusoft shall have the right, but not the obligation, to defend or settle, at its option, any action at law against You arising from a claim that Your permitted use of the Product under this Agreement infringes any patent, copyright, or other ownership rights of a third party. You agree to provide Neusoft with written notice of any such claim within ten (10) days of Your notice thereof and provide reasonable assistance in its defense. Neusoft has sole discretion and control over such defense and all negotiations for a settlement or compromise, unless it declines to defend or settle, in which case You are free to pursue any alternative You may have. 9. Miscellaneous You may not assign the rights or obligations under this Agreement without the prior written consent of Neusoft. This Agreement shall be governed by the laws of China, without reference to conflict of laws principles. All disputes arising under or relating to this Agreement shall be resolved exclusively in the appropriate Chinese court sitting in Shenyang, where Neusoft headquartered, China. This Product includes certain software originating from third parties that is subject to certain open source license, such as GPL or LGPL, etc. Neusoft offers to provide a complete corresponding machine-readable copy of the source code of such software under the open source license to you on CD-ROM for a charge covering the cost of performing such distribution, such as the cost of media, shipping and handling, upon written request to Neusoft at Neusoft Park, Xin Xiu Street No.2, Hun Nan Industrial Area, Shenyang 110179, P. R. China. This offer is valid for a period of three (3) years from the date of the distribution of this product. This Agreement set forth the entire understanding and agreement between You and Neusoft and may be amended only in writing signed by both parties. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by Neusoft or a duly authorized representative of Neusoft. If any provision of this Agreement is held invalid, the remainder shall continue in full force and effect.