Enterasys RoamAbout RBT-4102 Installation Manual page 19

6. DISCLAIMER OF WARRANTY. EXCEPT FOR THOSE WARRANTIES
EXPRESSLY PROVIDED TO YOU IN WRITING BY ENTERASYS, ENTERASYS
DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON- INFRINGEMENT WITH RESPECT TO THE PROGRAM. IF IMPLIED
WARRANTIES MAY NOT BE DISCLAIMED BY APPLICABLE LAW, THEN ANY
IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS
AFTER DELIVERY OF THE PROGRAM TO YOU.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL ENTERASYS OR ITS
SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR RELIANCE DAMAGES, OR OTHER
LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM,
EVEN IF ENTERASYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THIS FOREGOING LIMITATION SHALL APPLY REGARDLESS OF
THE CAUSE OF ACTION UNDER WHICH DAMAGES ARE SOUGHT.
THE CUMULATIVE LIABILITY OF ENTERASYS TO YOU FOR ALL CLAIMS
RELATING TO THE PROGRAM, IN CONTRACT, TORT OR OTHERWISE, SHALL NOT
EXCEED THE TOTAL AMOUNT OF FEES PAID TO ENTERASYS BY YOU FOR THE
RIGHTS GRANTED HEREIN.
8. AUDIT RIGHTS. You hereby acknowledge that the intellectual property rights
associated with the Program are of critical value to Enterasys and, accordingly,
You hereby agree to maintain complete books, records and accounts showing (i)
license fees due and paid, and (ii) the use, copying and deployment of the
Program. You also grant to Enterasys and its authorized representatives, upon
reasonable notice, the right to audit and examine during Your normal business
hours, Your books, records, accounts and hardware devices upon which the
Program may be deployed to verify compliance with this Agreement, including the
verification of the license fees due and paid Enterasys and the use, copying and
deployment of the Program. Enterasys' right of examination shall be exercised
reasonably, in good faith and in a manner calculated to not unreasonably interfere
with Your business. In the event such audit discovers non-compliance with this
Agreement, including copies of the Program made, used or deployed in breach of
this Agreement, You shall promptly pay to Enterasys the appropriate license fees.
Enterasys reserves the right, to be exercised in its sole discretion and without prior
notice, to terminate this license, effective immediately, for failure to comply with this
Agreement. Upon any such termination, You shall immediately cease all use of the
Program and shall return to Enterasys the Program and all copies of the Program.
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