Navini Networks Ripwave MX - Manual (Page 41)

Navini Networks, Inc. Ripwave MX Modem User Guide
4.1 Intellec
ARTICLE 4
INDEMNIFICATIONS AND WARRANTY
tual Property Indemnification; Entire Liability. ARTICLE 15 OF THE SUPPLY
LIABIL
COPYR
DOCUMENTATION, OR ANY PARTS THEREOF, AND NAVINI NETWORKS, INC.
SHALL HAVE NO ADDITIONAL LIABILITY WITH RESPECT TO ANY ALLEGED OR
4.2
AGREEMENT TO WHICH THIS AGREEMENT IS ATTACHED STATES THE ENTIRE
ITY OF NAVINI NETWORKS, INC. WITH RESPECT TO INFRINGEMENT OF
IGHTS, TRADE SECRETS, TRADEMARKS, PATENTS, AND OTHER
INTELLECTUAL PROPERTY RIGHTS BY THE LICENSED SOFTWARE,
PROVEN INFRINGEMENT.
Warranty. EXCEPT AS GRANTED IN THE BODY OF THE SUPPLY AGREEMENT TO
AND
A
LISHMENT OF THE LICENSE FEE CHARGED FOR
EACH SPECIFIC ITEM OF SOFTWARE LICENSED.
LIMITATION OF LIABILITY
5.1
WHICH THIS LICENSE AGREEMENT IS ATTACHED, THE LICENSED SOFTWARE IS
PROVIDED BY NAVINI NETWORKS, INC. “AS IS” AND WITHOUT WARRANTY OF
ANY KIND OR NATURE, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING
(WITHOUT LIMITATION) THE IMPLIED WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITATION OF WARRANTIES WAS
MATERIAL FACTOR IN THE ESTAB
ARTICLE 5
Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICA
LAW, IN NO EVENT SHALL NAVINI NETWORKS, INC. OR ANY THIRD PARTY
INVOLVED IN THE CREATION, PRODUCTION, DELIVERY, OR LICENSING OF THE
SOFTWARE BE LIABLE FOR ANY LOST REVENUES, PROFITS OR DATA OR OTHER
SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY, EVEN IF NAVI BLE
,
NI
5.2
NETWORKS, INC. HAS, OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR
CONSTRUCTIVE, OF THE POSSIBILITY OF SUCH DAMAGES.
License-Fee Limitation. Except for the indemnification provisions of Article 15, Navini
Networks, Inc.’s maximum liability for damages is limited to the license fees paid by Buyer u
this Agreement for the particular licensed Software that caused the damages.
nder
5.3 Loss of Data. Software error can cause a significant loss of data. Navini Networks, Inc. shall n
be responsible for any loss of data. Navini Networks, Inc.’s responsibility is to correct the
Software error as provided in this License Agreement or the Supply Agreement to which it is
attached. It is Licensee’s responsi ot
bility to have adequate backup procedures to protect Buyer
from significant loss of valid data.
41
060825_pv1.6_Ripwave-MX Modem User Guide_40-00382-00Rc(4.5)
41 41