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<br />14.3. GIS shall have no obligation to defend the LIBRARY or to pay costs, damages, or attorney's fees for <br />any claim based upon the LIBRARY's use of licensed Software that has been altered by the LIBRARY <br />without GIS's express permission and in direct breach of Article 7.5. herein. <br /> <br />14.4. The foregoing states the entire obligation of GIS with respect to infringement of patents or copyrights. <br /> <br />15. Limitation of Remedies <br />15.1. For any claim concerning performance or non-performance by GIS pursuant to or in anyway related <br />to the subject matter of this Agreement and any supplement hereto, the LIBRARY shall be entitled to <br />recover actual damages to the limits set forth in this section. No action, regardless of form, arising out <br />of this Agreement, may be brought by either party more than two (2) years after the cause of action <br />has arisen. <br /> <br />15.2. GIS's maximum aggregate liability, whether for breach of contract, breach of warranty or in tort, <br />including negligence, will be limited to a maximum of all monies paid for the Software, exclusive of <br />any maintenance fees. <br /> <br />15.3. This limitation of liability will not apply to Articles 14 and 25 herein, or to claims for personal injury <br />to the extent caused solely by GIS's negligence. <br /> <br />15.4. IN NO EVENT WILL GIS BE LIABLE FOR ANY DAMAGES ARISING FROM THE USE, <br />OPERATION, OR MODIFICATION OF THE SYSTEM BY THE LIBRARY, OR FOR ANY LOST <br />PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, OR INDIRECf DAMAGES, EVEN IF GIS <br />HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH <br />DAMAGES. <br /> <br />16. <br /> <br />Waiver of rights <br />The waiver or failure of either party to exercise in any respect any right provided for herein shall not <br />be deemed a waiver of any further right hereunder. <br /> <br />17. <br /> <br />Severa bili!y <br />If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statue or <br />rule of law, it is to that extent to be deemed omitted, and the remaining provisions shall not be <br />affected in any way. <br /> <br />18. <br /> <br />Headings <br />The headings of the various Paragraphs and Subparagraphs herein are for convenience only and shall <br />not control or affect the meaning or construction of any provisions of this Agreement. <br /> <br />19. <br /> <br />Governing Law <br />This Agreement shall be subject to all applicable laws of the Federal Government of the United States <br />of America and to the laws of the State of Texas. The applicable law for any legal disputes arising out <br />of this Agreement shall be the law of the State of Texas. Any action or suit commenced in connection <br />with this Agreement shall be in the Courts of Lamar County, Texas. The prevailing party shall be <br />entitled to reasonable attorney fees and costs as awarded by the court including any action at the <br />appellate level. <br /> <br />20. <br /> <br />Saving Clause <br />Typographical errors are subject to correction. <br /> <br />POLARIS <br /> <br />P<>I.ARB <br /> <br />II <br />