ZyXEL Communications ENTERPRISE NETWORK CENTER Manual page 289

Appendix D Open Software Announcements
OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION,
OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF ZyXEL HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. ZyXEL's AGGREGATE LIABILITY WITH RESPECT TO ITS
OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND
DOCUMENTATION OR OTHERWISE SHALL BE EQUAL TO THE PURCHASE PRICE, BUT SHALL IN NO
EVENT EXCEED THE PRODUCTíS PRICE. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
8.Export Restrictions
THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY APPLICABLE LAWS,
REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT OF THE SOFTWARE OR
INFORMATION ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME. YOU
SHALL NOT EXPORT THE SOFTWARE, DOCUMENTATION OR INFORMATION ABOUT THE SOFTWARE
AND DOCUMENTATION WITHOUT COMPLYING WITH SUCH LAWS, REGULATIONS, ORDERS, OR
OTHER RESTRICTIONS. YOU AGREE TO INDEMNIFY ZyXEL AGAINST ALL CLAIMS, LOSSES,
DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, TO
THE EXTENT SUCH CLAIMS ARISE OUT OF ANY BREACH OF THIS SECTION 8.
9.Audit Rights
ZyXEL SHALL HAVE THE RIGHT, AT ITS OWN EXPENSE, UPON REASONABLE PRIOR NOTICE, TO
PERIODICALLY INSPECT AND AUDIT YOUR RECORDS TO ENSURE YOUR COMPLIANCE WITH THE
TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
10.Termination
This License Agreement is effective until it is terminated. You may terminate this License
Agreement at any time by destroying or returning to ZyXEL all copies of the Software and
Documentation in your possession or under your control. ZyXEL may terminate this License
Agreement for any reason, including, but not limited to, if ZyXEL finds that you have violated any of
the terms of this License Agreement. Upon notification of termination, you agree to destroy or
return to ZyXEL all copies of the Software and Documentation 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 Software
License Agreement.
11.General
This License Agreement shall be construed, interpreted and governed by the laws of Republic of
China without regard to conflicts of laws provisions thereof. The exclusive forum for any disputes
arising out of or relating to this License Agreement shall be an appropriate court or Commercial
Arbitration Association sitting in ROC, Taiwan. This License Agreement shall constitute the entire
Agreement between the parties hereto. This License Agreement, the rights granted hereunder, the
Software and Documentation shall not be assigned by you without the prior written consent of
ZyXEL. Any waiver or modification of this License Agreement shall only be effective if it is in writing
and signed by both parties hereto. If any part of this License Agreement is found invalid or
unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall
be interpreted so as to reasonably effect the intention of the parties.
NOTE: Some components of this product incorporate source code covered under the open source
code licenses. Further, for at least three (3) years from the date of distribution of the applicable
product or software, we will give to anyone who contacts us at the ZyXEL Technical Support
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ENC User's Guide