ZyXEL Communications NBG4615 User Manual page 351

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otherwise transfer, pledge as security or otherwise encumber the rights and licenses granted
hereunder with respect to the Software. Certain components of the Software, and third party open
source programs included with the Software, have been or may be made available by ZyXEL on its
Open Source web site (ftp://opensource.zyxel.com) (collectively the "Open-Sourced Components")
You may modify or replace only these Open-Sourced Components; provided that you comply with
the terms of this License and any applicable licensing terms governing use of the Open-Sourced
Components. ZyXEL is not obligated to provide any maintenance, technical or other support for the
resultant modified Software. You may not copy, reverse engineer, decompile, reverse compile,
translate, adapt, or disassemble the Software, or any part thereof, nor shall you attempt to create
the source code from the object code for the Software. Except as and only to the extent expressly
permitted in this License, by applicable licensing terms governing use of the Open-Sourced
Components, or by applicable law, you may not market, co-brand, private label or otherwise permit
third parties to link to the Software, or any part thereof. You may not use the Software, or any part
thereof, in the operation of a service bureau or for the benefit of any other person or entity. You
may not cause, assist or permit any third party to do any of the foregoing. Portions of the Software
utilize or include third party software and other copyright material. Acknowledgements, licensing
terms and disclaimers for such material are contained in the online electronic documentation for the
Software (ftp://opensource.zyxel.com), and your use of such material is governed by their
respective terms. ZyXEL has provided, as part of the Software package, access to certain third
party software as a convenience. To the extent that the Software contains third party 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.
Confidentiality
5
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.
No Warranty
6
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.
Limitation of Liability
7
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,
NBG4615 User's Guide
Appendix I Legal Information
351

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