Western Digital WD Arkeia R620 Installation and Configuration Guide - Manual (Page 32)

26 Arkeia Physical Appliance Installation and Configuration Guide
INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT
OF THE USE OR INABILITY TO USE THE PRODUCT, EVEN IF ARKEIA
SOFTWARE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY, REGARDLESS
OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR
OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE,
LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS
AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE
FEES THAT YOU PAID FOR THIS LICENSE (IF ANY) AND FEES FOR
SUPPORT OF THE PRODUCT RECEIVED BY ARKEIA SOFTWARE INC.
UNDER ANY SEPARATE SUPPORT AGREEMENT. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY
NOT BE APPLICABLE.
7. United States of America
Government End Users.
The Product is a "commercial item," as that term is defined in 48 C.F.R. 2.101
(Oct. 1995), consisting of "commercial computer software" and "commercial
computer software documentation," as such terms are used in 48 C.F.R. 12.212
(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
through 227.7202-4 (June 1995), all U.S. Government End Users acquire the
Product with only those rights set forth herein. The Product is provided with
restricted rights. Use, duplication or disclosure by the Government is subject to
restrictions as set forth in FAR 52.227-19(c)(2) (May 1987) when applicable or
the applicable provisions of the DOD FAR supplement 252.227-7013
subdivision (a)(15) (April 1988) or subdivision (a)(17) (April 1998).
8. Export Control.
You agree to comply with all export laws and restrictions and regulations of the
United States or foreign agencies or authorities, and not to export or re-export
the Product or any direct product thereof in violation of any such restrictions,
laws or regulations, or without all necessary approvals. As applicable, each
party shall obtain and bear all expenses relating to any necessary licenses
and/or exemptions with respect to its own export of the Product from the U.S.
Neither the Product nor the underlying information or technology may be
downloaded or otherwise exported or re-exported (i) into Cuba, Iran, Iraq, Libya,
North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions
covering the Product, to individuals or entities controlled by such countries, or to
nationals or residents of such countries other than nationals who are lawfully
admitted permanent residents of countries not subject to such sanctions; or (ii)
to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals and Blocked Persons or the U.S. Commerce Department's Table of
Denial Orders. By downloading or using the Product, you agree to the foregoing
and represent and warrant that you comply with these conditions.
If the Product is identified as being not-for-export (for example, on the box,
media or in the installation process), then, unless you have an exemption from
the United States government, the following applies: EXCEPT FOR EXPORT
TO CANADA FOR USE IN CANADA BY CANADIAN CITIZENS, THE