Comtech EF Data turboIP v4.0 - Manual (Page 110)

turboIPv4.0 Revision 6
End User License Agreement MN/TURBOIP.IOM
8-8–4
7. Limitation of Liability
IN NO EVENT WILL GPI BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES(INCLUDING, WITHOUT LIMITATION,
INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING FOR LOSS
OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS
INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE SKIPWARE,
OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF GPI HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. GPI'S AGGREGATE LIABILITY WITH
RESPECT TO ITS OBLIGATIONS UNDER THIS EULA OR OTHERWISE WITH
RESPECT TO SKIPWARE OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF
THE LICENSE FEE PAID BY YOU TO GPI FOR SKIPWARE. BECAUSE SOME
STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATIONMAY NOT APPLY TO YOU.
GPI also shall have no liability for non-delivery or delay in delivery of products and services
arising from any event beyond its reasonable control, whether or not foreseeable by either party,
including but not limited to, war, acts of terrorism and events related to such acts, fire, flood,
accident, adverse weather, inability to secure transportation, insurrections, riots, or civil
commotions, strikes, lockouts, or other labor disturbances; acts of God; or acts, omissions, or
delays in acting by, or as a result of, any governmental authority, governmental act or regulation,
and other causes or events beyond GPI's reasonable control, whether or not similar to those which
are enumerated above.
8. Export Restrictions
THIS EULA IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS,
OR OTHER RESTRICTIONS ON THE EXPORT FROM THE UNITED STATES OF
AMERICA OF SKIPWARE OR INFORMATION ABOUT SUCH SKIPWARE, WHICH MAY
BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE UNITED STATES
OF AMERICA. YOU SHALL NOT EXPORT SKIPWARE, OR INFORMATION ABOUT
SKIPWARE, WITHOUT THE EXPRESS CONSENT OF GPI AND COMPLIANCE WITH
SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS.
9. Termination
This EULA is effective for so long as you own and operate the CEFD turboIP, modem or other
hardware product which SkipWare accompanies. You may terminate this EULA at any time by
destroying or returning to GPI all copies of SkipWare in your possession or under your control.
GPI may terminate this EULA for any reason, including, but not limited to, if GPI finds that you
have violated any of the terms or conditions of this EULA, including upgrading this software
from a source other than CEFD or GPI. Upon receiving notification of termination by GPI, you
agree to return to GPI all copies of SkipWare and to certify in writing that all known copies,
including backup copies, have been destroyed. All provisions relating to confidentiality,
proprietary rights, and non-disclosure shall survive the termination of this Skipware EULA, and
termination will in no event affect any liability or obligation which arose prior thereto.