No other warranties, Special provisions, Limitation of liability – Datatek IPv6 Transformer User Manual User Manual

Page 90

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S E C T I O N 1 1 L I C E N S E A G R E E M E N T

90

No Other Warranties

To the maximum extent permitted by applicable law, manufacturer and its suppliers disclaim
all other warranties, either express or implied, including, but not limited to implied
warranties of merchantability, fitness for a particular purpose and non-infringement, with
regard to the software and the accompanying written materials. This limited warranty gives
you specific legal rights. You may have others, which vary from state/jurisdiction to
state/jurisdiction.

Special Provisions

The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use,
duplication, or disclosure by the United States Government is subject to restrictions as set
forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Software clause at
DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Software-
Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Datatek Applications,
Inc., 379 Campus Drive, Somerset, NJ 08873.

If you acquired the SOFTWARE in the United States of America, this Software License is
governed by the laws of the State of New Jersey, excluding its choice of laws provisions. If
you acquired the SOFTWARE outside the United States of America, local law may apply.
This LICENSE constitutes the entire understanding and agreement between you and the
Manufacturer in relation to the SOFTWARE and supersedes any and all prior or other
communications, statements, documents, agreements or other information between the
parties with respect to the subject matter hereof.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Manufacturer or its
suppliers be liable for any damages whatsoever (including without limitation, special,
incidental, consequential, or indirect damages for personal injury, loss of business profits,
business interruption, loss of business information, or any other pecuniary loss) arising out
of the use of or inability to use this product, even if Manufacturer has been advised of the
possibility of such damages. In any case, Manufacturer’s and its suppliers’ entire liability
under any provision of this License shall be limited to the amount actually paid by you for
the SOFTWARE. Because some states/jurisdictions do not allow the exclusion or limitation
of liability for consequential or incidental damages, the above limitation may not apply to
you.

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