ETC Element v2.1.0 User Manual
Page 317
4
7. Disclaimer of Damages:
SOME STATES AND COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE BELOW LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER
ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL
SYMANTEC OR ITS LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL,
INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING
OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF SYMANTEC HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO CASE SHALL SYMANTEC’S OR ITS LICENSORS’ LIABILITY EXCEED THE PURCHASE
PRICE WHICH YOU PAID FOR THE SOFTWARE. The disclaimers and limitations set forth above
will apply regardless of whether You accept the Software.
8. U.S. Government Restricted Rights:
The Software is deemed to be commercial computer software as defined in FAR 12.212 and subject to
restricted rights as defined in FAR Section 52.227-19 "Commercial Computer Software - Restricted
Rights" and DFARS 227.7202, “Rights in Commercial Computer Software or Commercial Computer
Software Documentation”, as applicable, and any successor regulations. Any use, modification,
reproduction release, performance, display or disclosure of the Software by the U.S. Government shall be
solely in accordance with the terms of this License Agreement.
9. Export Regulation:
You acknowledge that the Software and related technical data and services (collectively "Controlled
Technology") may be subject to the import and export laws of the United States, specifically the U.S.
Export Administration Regulations (EAR), and the laws of any country where Controlled Technology is
imported or re-exported. You agree to comply with all relevant laws and will not export any Controlled
Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which an
export license or other governmental approval is required. All Symantec product is prohibited for export
or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade
sanctions. USE OR FACILITATION OF SYMANTEC PRODUCT IN CONNECTION WITH ANY
ACTIVITY INCLUDING, BUT NOT LIMITED TO, THE DESIGN, DEVELOPMENT, FABRICATION,
TRAINING, OR TESTING OF CHEMICAL, BIOLOGICAL, OR NUCLEAR MATERIALS, OR MISSILES,
DRONES, OR SPACE LAUNCH VEHICLES CAPABLE OF DELIVERING WEAPONS OF MASS
DESTRUCTION IS PROHIBITED, IN ACCORDANCE WITH U.S. LAW.
10. General:
This License Agreement will be governed by the laws of the State of California, United States of America.
This License Agreement is the entire agreement between You and Symantec relating to the Software
and: (i) supersedes all prior or contemporaneous oral or written communications, proposals, and
representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms
of any quote, order, acknowledgment, or similar communications between the parties. Notwithstanding
the foregoing, nothing in this License Agreement will diminish any rights You may have under existing
consumer protection legislation or other applicable laws in Your jurisdiction that may not be waived by
contract. This License Agreement shall terminate upon Your breach of any term contained in this License
Agreement and You shall cease use of and destroy all copies of the Software and Documentation. The
disclaimers of warranties and damages and limitations on liability shall survive termination. This License
Agreement may only be modified by the Documentation or by a written document that has been signed by
both You and Symantec. Should You have any questions concerning this License Agreement, or if You
desire to contact Symantec for any reason, please write to Symantec Customer Service, 555 International
Way, Springfield, OR 97477, U.S.A., or visit the Support page at
CPS / P 3.0 / USE