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software, ZyXEL has no express or implied obligation to provide any technical or other support for such software. Please
contact the appropriate software vendor or manufacturer directly for technical support and customer service related to its
software and products.
5.
Confidentiality
You acknowledge that the Software contains proprietary trade secrets of ZyXEL and you hereby agree to maintain the
confidentiality of the Software using at least as great a degree of care as you use to maintain the confidentiality of your own
most confidential information. You agree to reasonably communicate the terms and conditions of this License Agreement to
those persons employed by you who come into contact with the Software, and to use reasonable best efforts to ensure their
compliance with such terms and conditions, including, without limitation, not knowingly permitting such persons to use any
portion of the Software for the purpose of deriving the source code of the Software.
6.
No Warranty
THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZyXEL DISCLAIMS ALL WARRANTIES OF
ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. ZyXEL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE
WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN
UNINTERUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE
SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR
EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU. IF THIS EXCLUSION IS HELD TO BE UNENFORCEABLE
BY A COURT OF COMPETENT JURISDICTION, THEN ALL EXPRESS AND IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION TO
A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE, AND NO WARRANTIES SHALL APPLY AFTER
THAT PERIOD.
7.
Limitation of Liability
IN NO EVENT WILL ZyXEL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, 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 PRODUCT'S 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.
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