DISCLAMER OF WARRANTY.

This Software is provided on an "AS IS" basis, without warranty of any kind, including
without limitation the warranties or merchantability, fitness for a particular purpose
and non-infringement. The entire risk as to the quality and performance of the
Software is borne by you. Should the Software prove defective, you and not
Arena Communications assume the entire cost of any service and repair. You must
determine that the Software sufficiently meets your requirements.

LIMITATION OF LIABILITY

Under no circumstances and under no legal theory, tort, contract, or otherwise, shall
Arena Communications or his suppliers or Resellers be liable to you or any other person
for any indirect, special, incidental, or consequential damages of any character
including, without limitation, damages for loss of goodwill, work stoppage, computer
failure or malfunction, or any and all other commercial damages or losses.
In no event will Arena Communications be liable for any damages in excess of
Arena Communications list price for a license to the software, even if
Arena Communications shall have been informed of the possibility of such damages,
or for any claim by any other party. This limitation of liability shall not apply to
liability for death or personal injury to the extent applicable law prohibits such
limitation.
