Saturday, March 31, 2007

11. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL ID SOFTWARE BE LIABLE TO LICENSEE FOR ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES, WHETHER OR NOT ID SOFTWARE RECEIVES NOTICE OF ANY SUCH DAMAGES.

12. Disclaimer of Warranties. ID SOFTWARE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE AUTHORIZED COPY AND OTHERWISE.

13. Goodwill. Licensee recognizes the great value of the goodwill associated with the Subject Game and the Trademarks, and acknowledges that such goodwill, now existing and hereafter created, exclusively belongs to Id Software and that the Trademarks have acquired a secondary meaning in the mind of the public.