ZyXEL Communications Unified Security Gateway ZyWALL 1000 User Manual page 744

Appendix F Open Software Announcements
Defensive Suspension. If Customer commences or participates in any legal proceeding against
GUBUSOFT, then GUBUSOFT may, in its sole discretion, suspend or terminate all license
grants and any other rights provided under this LICENSE during the pendency of such legal
proceedings.
4. COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but not limited to all images,
photographs, animations, video, audio, music, text, and other information incorporated into
the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE,
are owned by GUBUSOFT. The SOFTWARE is protected by copyright laws and international
treaty provisions. Accordingly, Customer is required to treat the SOFTWARE like any other
copyrighted material, except as otherwise allowed pursuant to this LICENSE and that it may
make one copy of the SOFTWARE solely for backup or archive purposes.
5. APPLICABLE LAW
This LICENSE shall be deemed to have been made in, and shall be construed pursuant to, the
laws of the State of California. The United Nations Convention on Contracts for the
International Sale of Goods is specifically disclaimed.
6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
THE SOFTWARE IS PROVIDED "AS IS" AND GUBUSOFT AND ITS SUPPLIERS
DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
6.2 No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL GUBUSOFT BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF
OR INABILITY TO USE THE SOFTWARE, EVEN IF GUBUSOFT HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
7. MISCELLANEOUS
If any provision of this LICENSE is inconsistent with, or cannot be fully enforced under, the
law, such provision will be construed as limited to the extent necessary to be consistent with
and fully enforceable under the law. This LICENSE is the final, complete and exclusive
agreement between the parties relating to the subject matter hereof, and supersedes all prior or
contemporaneous understandings and agreements relating to such subject matter, whether oral
or written. This LICENSE may only be modified in writing signed by an authorized officer of
GUBUSOFT.
8. ASSIGNMENT
GUBUSOFT may assign or otherwise transfer any of its rights or obligations under this
LICENSE agreement.
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ZyWALL USG 1000 User's Guide