Avago Technologies AcceleRAID 352 - Manual (Page 23)

is a part of the Product (“LSI Software”) solely as part of the Product
incorporated into the OEM Products that and not on a standalone
basis. Customer may not (a) sell, lease, license, or sublicense the LSI
Software, (b) de-compile, disassemble, reverse engineer, or
otherwise attempt to derive source code from the LSI Software, in
whole or in part, except to the extent such restriction is prohibited by
applicable law, (c) modify or create derivative works from the LSI
Software, or (d) use the LSI Software to provide processing services
to third parties or otherwise use the LSI Software on a service bureau
basis, electronically distribute or timeshare the LSI Software or
market the LSI Software by interactive cable or remote processing
services.
Limitation of Liability
IN NO EVENT SHALL LSI’S TOTAL, CUMULATIVE LIABILITY
ARISING FROM THE SALE, USE AND DISPOSITION OF THE
PRODUCT AND/OR THE LICENSING OF THE LSI SOFTWARE
EXCEED THE AMOUNT PAID BY CUSTOMER FOR THIS
PRODUCT. IN NO EVENT SHALL LSI BE LIABLE TO CUSTOMER
OR ANY THE OTHER FOR ANY PUNITIVE, INCIDENTAL,
INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES,
INCLUDING LOSS OF PROFITS, INCURRED BY THAT PARTY,
HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY,
WHETHER BASED IN CONTRACT, TORT (INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE OR PRODUCT LIABILITY) OR
WARRANTY, IN CONNECTION WITH THE SALE, USE AND
DISPOSITION OF THE PRODUCT AND/OR THE LICENSING OF
THE LSI SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.