3DLABS Oxygen RPM - Manual (Page 35)

Software License Agreement
Appendix B - Warranty and Licenses 27
Limited Liability
NOTWITHSTANDING ANY PROVISION IN THIS LICENSE TO THE CONTRARY, 3Dlabs, Inc. OR ITS
LICENSORS WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, OR ANY THEORY OF LIABILITY, WHETHER
OR NOT 3Dlabs, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN
NO EVENT SHALL 3Dlabs, Inc. LIABILITY ARISING UNDER THIS LICENSE EXCEED THE
AMOUNT PAID BY YOU FOR THE SOFTWARE GIVING RISE TO SUCH LIABILITY. THIS
LIMITATION IS INTENDED TO LIMIT THE LIABILITY OF 3Dlabs, Inc. AND SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME STATES OR COUNTRIES MAY NOT ALLOW THE FOREGOING LIMITATION, SO THE
FOREGOING MAY NOT APPLY TO YOU.
Confidentiality
The SOFTWARE contains confidential trade secret information belonging to 3Dlabs, Inc. or its licensors, and
you may use the SOFTWARE only pursuant to the license set forth herein. In addition, you may not disclose
the SOFTWARE to any third party.
Restricted Rights Notice
Use, duplication or disclosure by the United States Government is subject to restrictions as set forth in
subparagraphs (c)(1) and (c)(2) of the Commercial Computer Software - Restricted Rights clause at FAR
Section 52.277-19 or (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS
Section 252.277-7013, as applicable. Unpublished - rights reserved under the copyright laws of the United
States. Contractor: 3Dlabs, Inc., 480 Potrero Avenue, Sunnyvale, California 94086.
You may terminate this License at any time by destroying all copies, mergers or modifications of the
SOFTWARE and accompanying materials. 3Dlabs, Inc. may immediately terminate your License upon notice
for failure to comply with the terms and conditions of this License. Upon such termination, you agree to
destroy all copies, mergers and modifications of the SOFTWARE and accompanying documents. You agree
that a breach of this License will result in irreparable damages to 3Dlabs, Inc. This License is the entire
agreement between you and 3Dlabs, Inc. with respect to the use and licensing of the SOFTWARE, and
supersedes all proposals, warranties, prior agreements or any other communications between the parties
relating to the subject matter hereof. This License will be governed by and construed in accordance with the
laws of California without regard to conflicts of law principles or the UN Convention on the Sale of Goods. If
for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be
unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to
effect the intent of the parties, and the remainder of this License shall continue in full force and effect. Should
you have any questions concerning this License, please write to: 3Dlabs, Inc., 480 Potrero Avenue, Sunnyvale,
California 94086.