END USER LICENSE AGREEMENT
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN THE SECTION TITLED “DISPUTE RESOLUTION.” THIS AGREEMENT AFFECTS YOUR RIGHTS WITH RESPECT TO ANY “DISPUTE” BETWEEN YOU AND THE GALWAY GROUP, LLC (HEREIN “GALWAY”). IT MAY REQUIRE YOU TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION, AND NOT IN COURT. PLEASE READ THE DISPUTE RESOLUTION SECTION AND THIS ENTIRE AGREEMENT CAREFULLY BEFORE INSTALLING OR USING THE Core by The Galway Group, LLC SOFTWARE PLATFORM. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT INSTALL OR OTHERWISE ACCESS THE PLATFORM.
This Agreement sets forth the terms and conditions under which you are licensed to install and use the Platform, and it governs the other aspects of the relationship between you and Galway as set forth below. As used in this Agreement, the term “Platform” refers collectively, and at times individually, to (1) the Core by The Galway Group, LLC Software applications, (2) all Core by The Galway Group, LLC Applications provided as services, (3) all addons, (4) authorized mobile device applications relating to the Core by The Galway Group, LLC Software Service, and (5) all features and components of each of them, whether installed or used on a computer or mobile device. If you do not agree to the terms of this agreement, you are not permitted to install, copy, or use this platform or any accompanying services.
Your use of the Platform is licensed, not sold, to you, and you hereby acknowledge that no title or ownership with respect to the Platform or any accompanying software/services is being transferred or assigned and this Agreement should not be construed as a sale of any rights. All access to and use of the Platform is subject to this Agreement and the applicable software documentation.
(a). To use the Platform, you may be required to register, or have previously registered, a Core by The Galway Group, LLC Software Account (an “Account”). Use of all services, and creation and use of Accounts, are subject to the following terms and conditions:
(i).You may establish an Account only if you are an adult in your country and state of residence; a corporations, limited liability company, partnerships and other legal or business entity; and you are not an individual specifically prohibited by Galway from using the Platform.
(ii). When you create or update an Account, you must:
Provide Galway with accurate and up to date information that is personal to you, such as your name, address, phone number, and email address. Additionally, in order to use certain features offered on the Platform, you may also be required to provide Galway. Galway shall also have the right to obtain non personal data from your connection to the Platform; and select a unique username and password (collectively referred to hereunder as “Login Information”). You may not share the Account or the Login Information with anyone unless the terms of this Agreement allow it.
(iii).To use additional services, you may need to add specific licenses to the account which may require an authentication from Galway.
(iv).You must maintain the confidentiality of the Login Information, as you are responsible for all uses of the Login Information and the Account, including purchases, whether or not authorized by you. If you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Galway in writing at hello@galway.group
(v). You agree to pay all fees and applicable taxes incurred by you or anyone using your Account. If you choose a recurring subscription for a Service, you acknowledge that payments will be processed automatically (e.g., debited from your Account or charged to your credit card) until you cancel the subscription or the Account. Galway may revise the pricing for the goods and services offered through the Platform at any time. YOU ACKNOWLEDGE THAT GALWAY IS NOT REQUIRED TO REFUND AMOUNTS YOU PAY TO GALWAY FOR USE OF THE PLATFORM, OR FOR DIGITAL PURCHASES MADE THROUGH THE PLATFORM, FOR ANY REASON, EXCEPT AS REQUIRED BY APPLICABLE LAW.
(vi). Galway shall have the right to monitor and/or record your communications when you use the Platform, and you acknowledge and agree that when you use the Platform, you have no expectation that your communications will be private. Galway shall have the right to disclose your communications for any reason, including: (1) to satisfy any applicable law, regulation, legal process or governmental request; (2) to enforce the terms of this Agreement or any other Galway policy; (3) to protect Galway’s legal rights and remedies; (4) to protect the health or safety of anyone that Galway believes may be threatened; or (5) to report a crime or other offensive behavior.
(vii). Any information regarding your Account, the Platform and/or Services may be communicated with you via SMS (text message), including for verifying your identity, Account registration and recovery. Standard carrier rate and data or messaging rates may apply when you receive notifications via SMS. Communications in this manner may be opted out with written notice to Galway at hello@galway.group
If you accept and comply with the terms of this Agreement, Galway will grant, and you will receive, a limited, revocable, non-sub licensable, and non-exclusive license to use the Platform subject to the “License Limitations,” set forth in Section III below, as follows:
(i). You may install applicable components or features of the Platform (including the Services) on one or more computers or mobile devices under your legitimate control as applicable per license.
(ii). You may use the Platform and connected services for your investigatory and limited commercial purposes only, unless specifically allowed under the terms of this Agreement.
(iii). You must comply with all local, state, federal, and international laws where applicable when storing, cataloguing, or collating any information.
(iv). You may not transfer your rights and obligations to use the Platform.
(v).Some of the software may be subject to specific license terms that may include the following:
(a). Trial versions of Services that allow limited version of the Platform before purchase requirements.
(b). In certain cases, the “full version,” of the Platform can only be utilized after you purchase and addition of the requisite license to your Account.
III. License Limitations
(a). Galway may suspend or revoke your license to use the Platform, or parts, components and/or single features thereof, if you violate, or assist others in violating, the license limitations set forth below. You agree that you will not, in whole or in part or under any circumstances, do the following:
(i).Derivative Works: Copy or reproduce (except as provided in Section 1.B.), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Platform.
(ii) Modification: Modifying the Platform in any manner not expressly authorized by Galway; and/or any code and/or software, not expressly authorized by Galway, that can be used connection with the Platform, and/or any component or feature thereof which changes and/or facilitates usage or other functionality
(iii). Prohibited Commercial Usage: Exploit in its entirety or individual components, the Platform for any purpose not expressly authorized by Galway, including but not limited to: communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Platform; or organizing, promoting, facilitating, or participating in any event using the Platform
in any open public venue without prior authorization.
(iv). Cloud Computing: Use of the Platform or any connected service with any unauthorized third-party “cloud computing” services, or any software or service designed to enable the unauthorized streaming or transmission of Platform/Service Usage from a third-party server to any device.
(v). Data Mining: Use any unauthorized process or software that intercepts, collects, reads, or “mines” information generated or stored by the Platform without express written authorization by Galway.
(vi). Unauthorized Connections: Facilitate, create, or maintain any unauthorized connection to the Platform including but not limited to any connection to any unauthorized server that emulates or attempts to emulate the Platform; and any connection using third-party programs or tools not expressly authorized by Galway.
(vii). Multiple versions. If when acquiring Platform and connected services software you were provided with multiple versions, you may install and activate only one of those versions at a time.
(viii) Multiple/Pooled connections. Hardware or software you use to multiplex or
pool connections, or reduce the number of devices or users that access or use the
Platform and connected services software, does not reduce the number of licenses you need. You may only use such software if you have a license for each instance of the Platform and connected services you are using.
(ix). Virtualization. This license allows you to install only one instance of the Platform and connected services for use on one device, whether that device is physical or
virtual. If you want to use the Platform and connected services on more than one virtual device, you must obtain a separate license for each instance.
(x). Limited Versions. If the Platform and connected services version you acquired is marked or otherwise intended for a specific or limited use, then you may only use it as specified. You may not use such versions of the Platform and connected services for commercial, non-profit, or revenue-generating activities.
(xi). Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Platform or component thereof or your rights to the Platform to any other party in any way not expressly authorized herein.
(xii). Disruption: Disrupting or assisting in the disruption of any computer used to support the Platform or any connected service. Such actions will be prosecuted to the maximum extent available by both civil and criminal law as applicable.
(xiii). Harassment: Usage of the Platform or any connected services for the purposes of harassment. Such actions will be prosecuted to the maximum extent available by both civil and criminal law as applicable.
(a). Galway is the owner or licensee of all right, title, and interest in and to the Platform, including all connected services that are produced and developed by Galway including Accounts; all of the features; and components thereof. The Platform may contain materials licensed by third parties to Galway, and these third-parties may enforce their ownership rights against you in the event that you violate this Agreement. The following components of the Platform are owned or licensed by Galway:
(i). All virtual content appearing within the Platform and connected services including but not limited to visual components, artwork, designs, animations, and audio-visual effects.
(ii). All data and communications generated by or occurring through the Platform and connected services.
(iii). All sounds, recordings, and sound effects originating in the Platform and connected services.
(iv). Computer code, including but not limited to “Applets” and source code.
(v). Titles, methods of operation, software, related documentation, and all other original works of authorship contained in the Platform and connected services.
(vi). All Moral Rights that relate to the Platform and connected services derived from Galway, such as the right of attribution, and the right to the integrity of certain original works of authorship.
(vii). The right to create derivative works and as part of this Agreement you agree that you will not create any work based on the Platform and connected services except as expressly set forth in this Agreement or otherwise by express written permission by Galway.
(a). Pre-Loaded Software: The Platform and connected services may contain additional software that requires you to agree to additional terms prior to your use thereof.
(i). Installation: You agree that Galway may install additional software on your hard drive as part of the installation of the Platform and from time to time during the term of this Agreement.
(ii). Use: Unless Galway grants you a valid license and alphanumeric key to use and activate any additional software, you may not access, use, distribute, copy, display, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the additional software. In the event that Galway grants to you a valid license and alphanumeric key to use and activate any additional software, all use of any additional software shall be subject to the terms of this Agreement.
(iii). Copies. You may make one (1) copy of the Additional Software for archival purposes only. The archival copy must be on a storage medium other than a hard drive, and may only be used for the reinstallation of the Platform and connected services. This Agreement does not permit the installation or use of multiple copies of the Platform and/or connected services, or the installation of the Platform and/or connected services on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Platform and connected services.
(a). The Platform and connected services may monitor your computer or mobile device for unauthorized third-party programs running concurrently with the Platform and connected services. Unauthorized programs used herein are defined as any third-party software prohibited in Section III.
If the Platform detects any unauthorized third-party software, the Platform and connected services may communicate to Galway: account information, information regarding the unauthorized software, and time/date of occurrence. Galway maintains the ability to exercise any/all of its rights under this Agreement without notice to the user.
The Platform and connected services may at Galway discretion also use diagnostic tools for reporting computer or mobile information to Galway in the event of crashes. Such data includes system and drive data.
Usage of the Platform and connected services grants consent to the above terms.
VII. Warranty.
(a). To the fullest extent allowable by applicable law, the Platform and connected services, and accounts are provided on As-Is and As Available basis, without warranty of any kind either express or implied, including without limitation to any implied warranties of condition, uninterrupted or error-free usage, merchantability, fitness for a particular purpose, noninfringement, title, and those arising from course of dealing or usage of trade. The entire risk arising out of use or performance of the Platform and the connected service remains with the user.
(b). You understand and warrant that the Galway platform and all associated technologies is a personal budgeting tool that provides information of a general nature. The software is not intended to and does not in any form provide financial, investment, legal, or tax advice. All budgeting concepts provided by the Platform and all associated technologies is for informational purposes only. You understand and warrant that you should consult with qualified and licensed professionals for all financial, investment, legal and tax matters before making any decisions.
VIII. Liability Limitation
(a). To the fullest extent allowed by applicable law, Galway shall not be liable for any loss or damage arising out of your use of or inability to access or use the Platform or Account(s). Galway’s liability shall never exceed the total fees paid by you to Galway during the six (6) months prior to your making a claim against Galway, unless applicable law explicitly disallows this limitation, in which case Galway’s liability shall be limited to the fullest extent permitted by applicable law.
(a). You hereby agree to defend and indemnify Galway, against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by Galway arising out of or from any violation by you of this Agreement or your misuse of the Platform and connected services, or account(s).
(a). You agree that Galway would be irreparably damaged if the terms of this Agreement were not specifically followed and enforced. In such an event you agree that Galway shall be entitled, without bond or other security, or proof of damages, to appropriate equitable relief in the event you breach this Agreement; and that the awarding of equitable relief to Galway will not limit its ability to receive remedies that are otherwise available to Galway under applicable laws.
(a). Alterations to the Agreement:
(i). Galway’s Rights. Galway may create updated versions of this Agreement (each a “New Agreement”) as its business and the law evolve.
(ii). New Agreements. This Agreement will terminate immediately upon the introduction of a New Agreement. New Agreements will not be applied retroactively and cannot alter the process for resolving a Dispute between us once you have notified Galway of a Dispute. If you do not wish to be bound by a New Agreement, you must immediately cease using, and uninstall, the Platform and connected services. Your continued use of your account, the Platform and connected services after Galway has published a New Agreement constitutes acceptance by you of the New Agreement.
(b). Alterations to the Platform and Availability: G\alway may change, modify, suspend, or discontinue any aspect of the Platform and connected services or accounts at any time. Galway may also impose limits on certain features or restrict your access to parts or all of the Platform and connected services or accounts without notice or liability. Except as otherwise set forth herein, Galway does not guarantee that any particular Platform, connected services, or account(s), or any particular features or components thereof will be available at all times, at any given time, or in all countries and/or geographic locations, or that Galway will continue to offer the Platform, connected services, or accounts, or all features or components thereof, for any particular length of time. Availability is subject to change at any time, although we will endeavor to use reasonable commercial efforts to provide you prior notice, unless the discontinuance arises from a matter that is beyond Galway’s control or causes the provision of such advance notice not to be possible or feasible.
XII. Term and Termination.
(a). Term:
This Agreement is effective upon your creation of an account and shall remain in effect until it is terminated or superseded by a New Agreement or if neither of the foregoing events occur, as long as you continue using the Platform and connected services. In the event that Galway chooses to cease providing the Platform and/or connected services, or license to a third party the right to provide the Platform and connected services, Galway shall use reasonable commercial efforts to provide you prior notice, unless the discontinuance arises from a matter that is beyond Galway’s control or causes the provision of such advance notice not to be possible or feasible. Neither the Platform and connected services nor Galway’s agreement to provide access to the Platform and connected services shall be considered a rental or lease of time on the capacity of Galway’s servers or other technology.
(b). Termination:
You may terminate this Agreement at any time by notifying Galway by email and by uninstalling the Platform and connected services, but the Dispute Resolution provisions of this Agreement will survive termination and apply to all Disputes that arose or could have been initiated prior to termination.
Galway reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most Account suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, Galway may provide you with a prior warning and/or suspend your use of the account due to your non-compliance prior to terminating the Agreement or modifying or deleting an account.
In the event of a termination of this Agreement you agree and acknowledge that you are not entitled to any refund for any amounts which were pre-paid on your Account prior to any termination of this Agreement. In addition, you will not be able to use the Platform or connected services. The Dispute Resolution provisions of this Agreement will survive termination and apply to all Disputes that arose or could have been initiated prior to termination.
XIII. Dispute Resolution.
This section may significantly affect your rights, including the right to file a lawsuit in court or to pursue claims in a class or representative capacity. Read this section thoroughly.
(a).Binding Arbitration and Class Action Waiver If You Live In The United States:
In the event of an unresolvable dispute you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. To the fullest extent permitted by law, class action lawsuits, class-wide arbitrations, private attorney-general actions, requests for public injunctions, and any other proceeding or request for relief where someone acts in a representative capacity are not allowed. Nor is combining individual proceedings without the consent of all parties.
(i). Disputes Covered: The term "dispute" is interpreted as broad as possible to include any claim or controversy between you and Galway that in any way relates to or arises from any aspect of our relationship including but not limited to your use or attempted use of the Platform and connected services, and all marketing related to them, your account(s), any licensed content, and all matters relating to or arising from this Agreement, or any other agreement between you and Galway, including the validity and enforceability of this agreement to arbitrate under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’; our, or our licensors’ intellectual property rights.
(ii) Arbitration Notice: If you have a dispute with Galway that cannot be informally and you wish to pursue arbitration, you must first notify Galway in writing at the following your notice of dispute must be individual to you and must include, as applicable, your name, the email address associated with your Account, and your worksite address. The notice of dispute also must describe the dispute, explain the facts of the dispute as you understand them, and tell Galway your desired resolution. This Notice of Dispute is a prerequisite to initiating any arbitration. Any applicable statute of limitations will be tolled from the date of a properly submitted individualized Notice of Dispute through the first date on which an arbitration may properly be filed.
(iii). Small Claims Court Option: Instead of sending a Notice of Dispute, either you or Galway may file suit against the other party in small claims court seeking only individualized relief so long as the action meets the small claims court’s requirements. This must remain an individual action seeking individualized relief. The small claims court must be in your county of residence (or, if a business, your principal place of business).
(iv). Multiple Party Arbitration: If your Notice of Dispute involves claims similar to those of at least 24 other customers, and if you and those other customers are represented by the same lawyers, or by lawyers who are coordinating with each other, you and we agree that these claims will be “Related Cases.” Related Cases will be governed by the AAA’s Mass Arbitration Supplementary Rules.
(v). Arbitration Fees: Arbitration fees shall be split between parties with the prevailing party being entitled to such fee reimbursement.
(vii). Primary ADR Method: If after exhaustion of all appeals, any part of this section is found to be unenforceable as to any claim or request for a remedy, then the parties agree to arbitrate all claims and remedies subject to arbitration before litigating in court any remaining claims or remedies (such as a request for a public injunction remedy, in which case the arbitrator issues an award on liability and individual relief before a court considers that request).
(b) Choice of Law: Unless this Agreement includes express language to the contrary, all Disputes shall be governed by and construed under the laws of the United States of America and the laws of the State of Florida, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If you reside in the United States, for any claims not subject to binding individual arbitration, and which cannot be brought in small claims court in the county in which you reside as set forth above, you and Galway agree to submit to the exclusive jurisdiction of the state and federal courts in Palm Beach County, Florida. You and Galway consent to venue in and personal jurisdiction before such courts (but without prejudicing either party’s rights to remove a case to federal court if permissible). This paragraph will be interpreted as broadly as applicable law permits. Users who access the Platform from outside of the United States and Canada, are responsible for compliance with all applicable local laws. Claims excluded from arbitration are subject to the choice of law and forum selection clauses set forth in this Agreement.
XIV. General.
(a). You understand and agree that the Platform and connected services may not be used, accessed, downloaded, or otherwise exported, reexported, or transferred in contravention of applicable export control, economic sanctions, and import laws and regulations, including, but not limited to, the U.S. Export Administration Regulations (“EAR”) and regulations promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). You represent and warrant that you (1) are not subject to U.S. sanctions or export restrictions and otherwise are eligible to utilize the Platform under applicable laws and regulations; (2) are not located or ordinarily resident in a country or region subject to comprehensive or near-comprehensive U.S. sanctions/embargo, unless your use of the Platform in such country or region is authorized by U.S. law; (3) are not an official, employee, agent, or contractor of, or directly or indirectly acting or purporting to act for or on behalf of, a government (including any political subdivision, agency, or instrumentality thereof or any person directly or indirectly owned or controlled by the foregoing) or political party (e.g., Cuban Communist Party, Workers’ Party of Korea) subject to U.S. sanctions/embargo or any other entity in a sanctioned/embargoed country or region or subject to U.S. sanctions/embargo; and (4) will not use the Platform in connection with an end-use prohibited by U.S. law.
(b). Galway may assign this Agreement in whole or in part to any person or entity at any time with or without your consent. You may not assign this Agreement without Galway’s prior written consent. Your assignment of this Agreement without Galway’s prior written consent shall be void.
(c). Galway’s failure to enforce a provision of this Agreement shall not be construed as a waiver of such provision, or diminishment of any right to enforce such provisions. Further, Galway may choose to waive enforcement of a provision of this Agreement in a particular instance. However, you are still obligated to comply with that waived provision in the future.
(d). Artificial Intelligence:
(i). The Platform and connected services may use artificial intelligence (AI) and algorithms for the purposes of enhancing efficiency in searches and/or research. Accuracy and applicability of the information provided is not guaranteed.
(ii). In using the Platform and connected services you agree to indemnify Galway from all claims regarding to your usage of AI and any effects thereof from implementation of information gained.
(iii). In using the Platform and connected services you agree that any information obtained through AI searches or research is -not- to be considered legal advice or guidance in any format.
(iv). You further agree that it is your responsibility to ensure all information obtained in -any- AI searches or research for accuracy and applicability.
(v). You further agree to indemnify Galway from any claims regarding any civil or criminal misuse of the Platform and connected services’ AI.
(e). Cloud Storage:
(i). The Platform and connected services offers the option for document storage through Microsoft Azure & Plaid.
(ii). Galway makes no claims of data security or storage safety for Microsoft Azure & Plaid. Usage of Microsoft Azure & Plaid is governed by their own services terms and conditions.
(iii). In using the Platform and connected services, you agree to indemnify Galway from all claims related to data breaches, loss, or destruction related to usage of Microsoft Azure & Plaid.
(f). Notices:
(i) All notices given by you under this Agreement shall be in writing and addressed to: hello@galway.group
(ii). Except as expressly set forth to the contrary herein, all notices given by Galway under this Agreement shall be given to you either through written notice, email, or website blog post.
(g). Force Majeure: Galway shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Galway, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, lockdowns, acts of God, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
(h). Severability: Except as expressly set forth to the contrary herein, if any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.
(i). Integration: This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
(j). Remedy & Damage Limitation: Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Platform and/or Connected Services.
Selection of whether to correct or replace shall be solely at the discretion of Galway. Galway reserves the right to substitute a functionally equivalent copy of the Platform and connected services as a replacement. If Galway is unable to provide a replacement or substitute the Platform and connected services or corrections to the Platform and connected services, your sole alternate remedy shall be a refund of the purchase price for the Platform and connected services exclusive of any costs for shipping and handling.
(k). Further Indemnities:
YOU MUST DETERMINE WHETHER THIS PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THIS PRODUCT TO MEET YOUR REQUIREMENTS. GALWAY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL GALWAY, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF GALWAY OR ANY OTHER PARTY, EVEN IF GALWAY IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS GALWAY’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.