Special provisions, Limitation of liability – Datatek Enhanced Security Guide User Manual

Page 11

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I P-CommKit En hanced Securit y G uide

11/29/05

Datatek Applications Inc.

11

RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO
STATE/JURISDICTION.

5.7 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, Suite
100, Somerset, NJ 08873

If you acquired the SOFTWARE in the United States of America, this Software License are
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 supercedes any and all prior or other communications,
statements, documents, agreements or other information between the parties with respect to the
subject matter hereof.

5.8 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.

©Copyright 2002, 2006 Datatek Applications, Inc.

All Rights Reserved

Printed in USA

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