Kingston Technology Bay Networks 2000 - Manual (Page 62)

Special Notices 56
3. Limited warranty. Bay Networks warrants each item of Software, as delivered by Bay Networks and
properly installed and operated on Bay Networks hardware or other equipment it is originally licensed for,
to function substantially as described in its accompanying user manual during its warranty period, which
begins on the date Software is first shipped to Licensee. If any item of Software fails to so function during
its warranty period, as the sole remedy Bay Networks will at its discretion provide a suitable fix, patch, or
workaround for the problem that may be included in a future Software release. Bay Networks further
warrants to Licensee that the media on which the Software is provided will be free from defects in
materials and workmanship under normal use for a period of 90 days from the date Software is first
shipped to Licensee. Bay Networks will replace defective media at no charge if it is returned to Bay
Networks during the warranty period along with proof of the date of shipment. This warranty does not
apply if the media has been damaged as a result of accident, misuse, or abuse. The Licensee assumes all
responsibility for selection of the Software to achieve Licensee’s intended results and for the installation,
use, and results obtained from the Software. Bay Networks does not warrant a) that the functions
contained in the software will meet the Licensee’s requirements, b) that the Software will operate in the
hardware or software combinations that the Licensee may select, c) that the operation of the Software will
be uninterrupted or error free, or d) that all defects in the operation of the Software will be corrected. Bay
Networks is not obligated to remedy any Software defect that cannot be reproduced with the latest
Software release. These warranties do not apply to the Software if it has been (i) altered, except by Bay
Networks or in accordance with its instructions; (ii) used in conjunction with another vendor’s product,
resulting in the defect; or (iii) damaged by improper environment, abuse, misuse, accident, or negligence.
THE FOREGOING WARRANTIES AND LIMITATIONS ARE EXCLUSIVE REMEDIES AND ARE
IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. Licensee is responsible for the security of its own data and information and for maintaining
adequate procedures apart from the Software to reconstruct lost or altered files, data, or programs.
4. Limitation of liability. IN NO EVENT WILL BAY NETWORKS OR ITS LICENSORS BE LIABLE
FOR ANY COST OF SUBSTITUTE PROCUREMENT; SPECIAL, INDIRECT, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES; OR ANY DAMAGES RESULTING FROM INACCURATE OR
LOST DATA OR LOSS OF USE OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE
PERFORMANCE OF THE SOFTWARE, EVEN IF BAY NETWORKS HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF BAY
NETWORKS RELATING TO THE SOFTWARE OR THIS AGREEMENT EXCEED THE PRICE
PAID TO BAY NETWORKS FOR THE SOFTWARE LICENSE.
5. Government Licensees. This provision applies to all Software and documentation acquired directly or
indirectly by or on behalf of the United States Government. The Software and documentation are
commercial products, licensed on the open market at market prices, and were developed entirely at private
expense and without the use of any U.S. Government funds. The license to the U.S. Government is
granted only with restricted rights, and use, duplication, or disclosure by the U.S. Government is subject
to the restrictions set forth in subparagraph (c)(1) of the Commercial Computer Software––Restricted
Rights clause of FAR 52.227-19 and the limitations set out in this license for civilian agencies, and
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS
252.227-7013, for agencies of the Department of Defense or their successors, whichever is applicable.
6. Use of Software in the European Community. This provision applies to all Software acquired for use
within the European Community. If Licensee uses the Software within a country in the European
Community, the Software Directive enacted by the Council of European Communities Directive dated 14
May, 1991, will apply to the examination of the Software to facilitate interoperability. Licensee agrees to
notify Bay Networks of any such intended examination of the Software and may procure support and
assistance from Bay Networks.
7. Term and termination. This license is effective until terminated; however, all of the restrictions with
respect to Bay Networks’ copyright in the Software and user manuals will cease being effective at the date
of expiration of the Bay Networks copyright; those restrictions relating to use and disclosure of Bay
Networks’ confidential information shall continue in effect. Licensee may terminate this license at any
time. The license will automatically terminate if Licensee fails to comply with any of the terms and
conditions of the license. Upon termination for any reason, Licensee will immediately destroy or return to