Westell Technologies Westell UltraLine 7400 - Manual (Page 152)

030-300381 Rev. A 152 January 2004
User Guide
UltraLine Home DSL Router (Models 7400, 7401)
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE SOFTWARE CD, AND THE
SOFTWARE CONTAINED THEREIN, ARE LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY
AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
6. Limitation of Liability. Licensor's cumulative liability to you or any other party for any loss or damages
resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed
the license fee paid to Licensor for the use of the SOFTWARE. In no event shall Licensor be liable for any
indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Licensor has been
advised of the possibility of such damages. SOME STATES DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7. Governing Law. This License Agreement shall be construed and governed in accordance with the laws of
the State of Illinois. You submit to the jurisdiction of the state and federal courts of the state of Illinois and
agree that venue is proper in those courts with regard to any litigation arising under this Agreement.
8. Costs of Litigation. If any action is brought by either party to this License Agreement against the other
party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any
other relief granted, reasonable attorney fees and expenses of litigation.
9. Severability. Should any term of this License Agreement be declared void or unenforceable by any court of
competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
10. No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against
the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to
subsequent enforcement of rights or subsequent actions in the event of future breaches.