Limitation of Liability
To the extent permitted under applicable law, in no event will Cognyte be liable
in any way for:
1. damages of any kind, including without limitation, direct, incidental punitive,
special or consequential damages (including, but not limited to, damages for
lost profits, business interruption and loss of programs or information) arising
out of the use of or inability to use the Product, or any information provided
in the Product, regardless of whether or not Cognyte has been advised of the
possibility of such damages;
2. any claim attributable to errors, omissions or other inaccuracies in the
Product or interpretations thereof; and
3. actions taken or not taken by any person or entity as a result of the review by
such person or entity of the Product or information contained therein or as
a result of the interpretation of the Product or information contained therein
by such person or entity.
Indemnification
User agrees to indemnify, defend and hold harmless Cognyte, its affiliates,
licensors, and their respective officers, directors, employees and agents from
and against all losses, expenses, damages and costs, including reasonable
attorneys' fees, arising out of the use of the Product by User or User's account.
Third Party Rights
The provisions regarding Disclaimer of Warranty, Limitation of Liability and
Indemnification are for the benefit of Cognyte, and its licensors, employees and
agents. Each shall have the right to assert and enforce those provisions against
a User.
General Provisions
Any provision in any memorandum received by Cognyte in connection with the
Product which is inconsistent with, or adds to, the provisions of this Agreement
is void. Neither the parties' course of conduct or trade practice will modify the
terms of this Agreement. If any provision of this Agreement is determined by
a court of competent jurisdiction to be invalid, all other terms and conditions
shall remain in full force and effect.
Governing Law
This Agreement and the resolution of any dispute arising hereunder shall
all be governed and construed in accordance with the laws of the state of
Israel, without regard to its conflicts of law principles. User consents to the
jurisdiction of the courts of Tel-Aviv.
© 2022 Cognyte Technologies Israel Ltd. All rights reserved worldwide.
23
The Rise of Dark Web Botnet Marketplaces