Kylon's World Warranty UpAllnite Software and Joseph Vidunas DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED. NEITHER UPALLNITE SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABLILITY TO USE SUCH SOFTWARE EVEN IF UPALLNITE SOFTWARE AND JOSEPH VIDUNAS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT SHALL UPALLNITE SOFTWARE OR JOSEPH VIDUNAS'S LIABILITY FOR ANY SUCH DAMAGES EVER EXCEED THE PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF THE CLAIM. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. Some states do not allow the exclusion of the limit of liability for consequential or incidental damages, so the above limitation may not apply to you. This agreement shall be governed by the laws of the state of New Mexico and shall inure to the benefit of UpAllnite Software, Joe Vidunas, and any successors, administrators, heirs and assigns. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a STATE or FEDERAL COURT of competent jurisdiction located in San Juan County, New Mexico. The parties hereby consent to in personam jurisdiction of said courts.