Echelon NodeBuilder FX - Manual (Page 298)

284 Appendix D: Software License Agreement
MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT
VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
IN NO EVENT WILL ECHELON OR ITS SUPPLIERS BE LIABLE FOR LOSS OF
OR CORRUPTION TO DATA, LOST PROFITS OR LOSS OF CONTRACTS,
COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER
SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT
DAMAGES, LOSSES, COSTS OR EXPENSES OF ANY KIND ARISING FROM
THE SUPPLY OR USE OF THE LICENSED SOFTWARE, HOWEVER CAUSED
AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION
NEGLIGENCE). THIS LIMITATION WILL APPLY EVEN IF ECHELON OR AN
AUTHORIZED DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT TO THE
EXTENT THAT LIABILITY MAY NOT BY LAW BE LIMITED OR EXCLUDED,
IN NO EVENT SHALL ECHELON’s OR ITS SUPPLIERS’ LIABILITY EXCEED
TEN THOUSAND DOLLARS ($10,000). YOU ACKNOWLEDGE THAT THE
AMOUNTS PAID BY YOU FOR THE LICENSED SOFTWARE REFLECT THIS
ALLOCATION OF RISK.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU.
SAFE OPERATION
YOU ASSUME RESPONSIBILITY FOR, AND HEREBY AGREE TO USE YOUR
BEST EFFORTS IN, DESIGNING AND MANUFACTURING PRODUCTS USING
THE LICENSED SOFTWARE TO PROVIDE FOR SAFE OPERATION
THEREOF, INCLUDING, BUT NOT LIMITED TO, COMPLIANCE OR
QUALIFICATION WITH RESPECT TO ALL SAFETY LAWS, REGULATIONS
AND AGENCY APPROVALS, AS APPLICABLE. THE LICENSED SOFTWARE,
SMART TRANSCEIVERS, NEURON CHIPS, YOUR DEVICE, YOUR DEVICE
PLUG-IN AND OTHER ECHELON PRODUCTS AND TECHNOLOGY ARE NOT
DESIGNED OR INTENDED FOR USE AS COMPONENTS IN EQUIPMENT
INTENDED FOR SURGICAL IMPLANT INTO THE BODY, OR OTHER
APPLICATIONS INTENDED TO SUPPORT OR SUSTAIN LIFE, FOR USE IN
FLIGHT CONTROL OR ENGINE CONTROL EQUIPMENT WITHIN AN
AIRCRAFT, OR FOR ANY OTHER APPLICATION IN WHICH THE FAILURE
THEREOF COULD CREATE A SITUATION IN WHICH PERSONAL INJURY
OR DEATH MAY OCCUR, AND YOU SHALL HAVE NO RIGHTS
HEREUNDER FOR ANY SUCH APPLICATIONS.
LANGUAGE