ZyXEL Communications Vantage CNM User Manual page 478

Vantage CNM User's Guide
7.LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no
event shall ZyXEL or its suppliers 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 or the provision of or failure
to provide Support Services, even if ZyXEL has been advised of the possibility of such
damages. In any case, ZyXEL's entire liability under any provision of this EULA shall be
limited to the greater of the amount actually paid by you for the SOFTWARE; provided,
however, if you have entered into a ZyXEL Support Services Agreement, ZyXEL's entire
liability regarding Support Services shall be governed by the terms of that agreement.
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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