End-User License Agreement 198 Getting Started Guide GRAMS, EVEN IF Caldera Systems HAS BEEN ADVISED OF THE POSSI- BILITY THEREOF.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MIGHT NOT APPLY. (c)    Responsibility For Decisions.  Licensee is responsible for decisions made and actions taken based on the Software. (d)    Non-Parties.  The officers, directors, employees, shareholders and represen- tatives of Caldera Systems are not parties to this Agreement and shall have no obligation or liability to Licensee relating to this Agreement or the Software. 9.      Sole Remedy And Allocation Of Risk.  LICENSEE'S SOLE AND EXCLU- SIVE REMEDY IS SET FORTH IN THIS AGREEMENT.  This Agreement defines a mutually agreed-upon allocation of risk and the License fees reflect such allocation of risk. 10.     Support.  Nothing in this Agreement entitles Licensee to any support, maintenance or new versions or distributions of any Software. Licensee may con- tact Caldera Systems to determine the availability of support, maintenance and new versions and distributions of Software, and the fees, terms and conditions applicable thereto. 11.     Governing Law.  This Agreement shall be governed by the laws of the state of Utah and the United States of America without giving effect to conflict or choice of law principles.  The parties agree to exclude application of the "United Nations Convention on Contracts for the International Sale of Goods" to this Agreement.  Any litigation between the parties shall be conducted exclusively in Utah state courts or the federal district courts within Utah.  The parties agree and submit to such exclusive jurisdiction and venue. 12.     Entire Agreement.  This Agreement sets forth the entire understanding and agreement between the parties relating to the subject matter of this Agreement and may be amended only in a writing signed by both parties.  No vendor, dis- tributor, OEM, VAR, reseller, dealer, retailer, sales person or other person is authorized by Caldera Systems to modify this Agreement or to make any war- ranty, representation or promise which is different than, or in addition to, the warranties, representations and promises of this Agreement. 13.     Termination.  The License shall automatically terminate if Licensee mate- rially breaches this Agreement.  Upon termination of the License, Licensee shall cease all use of the Caldera Systems Software and shall destroy all copies of the Caldera Systems Software within the possession or control of Licensee and shall