DISCLAIMER OF WARRANTY THIS SOFTWARE AND MANUAL ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. BECAUSE OF THE VARIOUS HARDWARE AND SOFTWARE ENVIRONMENTS INTO WHICH THIS PROGRAM MAY BE PUT, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. GOOD DATA PROCESSING PROCEDURE DICTATES THAT ANY PROGRAM BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE RELYING ON IT. THE USER MUST ASSUME THE ENTIRE RISK OF USING THE PROGRAM. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE. IN NO EVENT SHALL LIGHTWAVE SOFTWARE ENGINEERING'S LIABILITY FOR ANY DAMAGES EVER EXCEED THE PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF THE CLAIM. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MASSACHUSETTS AND SHALL INURE TO THE BENIFIT OF LIGHTWAVE SOFTWARE ENGINEERING AND 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 COMPENTENT JURISDICTATION LOCATED IN MIDDLESEX COUNTY, MASSACHUSETTS. THE PARTIES HEREBY CONSENT TO IN PERSONAM JURISDICATION OF SAID COURTS.