(1) Disclaimer of Warranty. The services and software are provided by The ELRepo Project and its members/developers “as is” and without warranties or conditions of any kind, including the implied warranties of merchantability, non-infringement, and fitness for a particular purpose. The ELRepo Project and its members/developers do not guarantee or warrant that the use of the services or software will be uninterrupted, comply with regulatory requirements, be error free or that The ELRepo Project will correct all software errors.
(2) Liability. All aggregate and cumulative liability shall be limited to the amount paid by the complainant directly to The ELRepo Project for software and services for the prior twelve months, which in most, if not all, cases will be US$0 or the local equivalent. In no event shall The ELRepo Project and its members/developers be liable for any indirect, consequential, incidental, special, punitive or exemplary damages.
(3) Export Restrictions. Software provided by The ELRepo Project shall not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. By downloading the software, the end user agrees to uphold these export restrictions.
(4) Licensing. Most of the software released by The ELRepo Project is already covered by the GNU General Public License Version 2 (GPLv2) or similar Open-Source Licenses. All binary code, source code, scripts and/or other software-related items released by The ELRepo Project and not already covered by GPLv2 are released under GPLv2.
(5) Governing Laws. Interpretation and enforcement of The ELRepo Project policies shall be governed by and construed in accordance with the laws: (a) of the United States and of the State of New Jersey if the software is obtained when you are in the United States, Canada, or Mexico or (b) of England, if the software is obtained when you are in any other jurisdiction not described above, without giving effect to the conflicts of laws provisions thereof or the United Nations Convention on Contracts for the International Sale of Goods. Disputes under New Jersey or United States law shall be resolved in a competent court of the State of New Jersey and disputes elsewhere shall be resolved in a competent court of England.