Western Digital WD Arkeia R620 Installation and Configuration Guide User Manual

Page 31

Advertising
background image

Arkeia Physical Appliance Installation and Configuration Guide

25

PORTION, IN WHOLE OR IN PART. IF YOU TRANSFER POSSESSION OF
ANY COPY, MODIFICATION OR MERGED PORTION OF THE PRODUCT TO
ANOTHER PARTY, YOUR LICENSE IS AUTOMATICALLY TERMINATED.


4. Termination.

This License shall remain in effect until terminated. You may terminate this

License at any time by destroying the Product, together with all copies,

modifications and merged portions in any form. Without limiting the generality of

the foregoing, and without prejudice to any other rights Licensor may have to

terminate this Agreement, Licensor may terminate this Agreement if you breach

any of its terms and conditions. You agree upon such termination to destroy the

Product along with all copies, modifications and merged portions in any form.


5. DISCLAIMER OF WARRANTY.

THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY

OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT

IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR

PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY

AND PERFORMANCE OF THE PRODUCT IS BORNE BY YOU, AS

LICENSEE. SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY

RESPECT, LICENSEE AND NOT LICENSOR OR ITS SUPPLIERS OR

RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND

REPAIR. IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY

THE PRODUCT HAVE INHERENT LIMITATIONS, AND YOU MUST

DETERMINE THAT THE PRODUCT SUFFICIENTLY MEETS YOUR

REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN

ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS

AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

YOU SHOULD NOT SUBSTITUTE THIS PRODUCT FOR YOUR OWN

INDEPENDENT JUDGMENT. ARKEIA SOFTWARE INC. ASSUMES NO

LIABILITY FOR LOSSES INCURRED BY ANY USE OF OR RELIANCE UPON

THE PRODUCT. YOU ASSUME ALL RESPONSIBILITY FOR THE

SELECTION OF THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS,

AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE

PRODUCT. ARKEIA DOES NOT WARRANT THAT THE PRODUCT WILL

MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE

PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME

ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT.


6. LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO

EVENT WILL ARKEIA SOFTWARE INC. OR ITS SUPPLIERS OR

RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR

CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR

INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION,

DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, BUSINESS

INTERRUPTION, LOSS OF INFORMATION, WORK STOPPAGE, COMPUTER

FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DIRECT,

Advertising