Netopia Fast EtherTX-10 User Manual page 35

I EXPORT LAW ASSURANCES. You agree that neither the Software nor any direct product thereof is being
or will be acquired, shipped, transferred, or reexported, directly or indirectly, into any country prohibited
by the United States Export Administration Act and the regulations thereunder or will be used for any
purpose prohibited by the same.
I SEVERABILITY. If for any reason, any provision or partial provision of this License is held invalid, such
invalidity shall not affect the remainder of such provision or this License, and this License shall, to the
full extent consistent with law, continue in full force and effect.
I THIRD PARTY BENEFICIARIES. If any portion of the Software has been licensed to Farallon by a third
party for redistribution, Licensee is hereby notified that such third party is an intended third party bene-
ficiary of this License with full rights of enforcement.
I DUAL MEDIA SOFTWARE. If the Software package contains both 3-1/2" and 5-1/4" disks, then you may
use only the disks appropriate for your single-user computer. You may not use the other disks on another
computer or loan, rent, lease, or transfer them to another user except as part of the permanent transfer
(as provided above) of all Software and Documentation.
I GENERAL. The validity and performance of this License shall be governed by California law, except for
that body of law dealing with conflict of laws and except as to copyrights, which are governed by United
States laws and international treaties. This License constitutes the entire agreement between the par-
ties concerning the subject matter hereof. Any waiver or amendment of any provision of this License
shall be effective only if in writing and signed by you and an officer of Farallon. No distributor, dealer, or
employee (other than an officer) of Farallon is authorized to change or amend any terms of this License.
In the event of any conflict between the terms of this License and the terms of any license bound into
any manual packaged with the Software, this License shall govern.
L W
IMITED ARRANTY
Farallon warrants that for ninety (90) days following delivery of the Software to you, as shown by a copy of
your receipt: (1) the Software, unless modified by you, will perform substantially the functions described in
the Documentation provided by Farallon; and (2) the media on which the Software is furnished will be free
from defects in materials and workmanship under normal use.
Farallon does not warrant that the Software will meet your requirements or that operation of the Software will
be uninterrupted or error-free. Farallon is not responsible for any problem, including any problem which
would otherwise be a breach of warranty, caused by (i) changes in the operating characteristics of computer
hardware or computer operating systems which are made after the release of the Software, (ii) interaction of
the Software with non-Farallon software or (iii) accident, abuse, or misapplication.
THE ABOVE WARRANTIES ARE EXCLUSIVE AND NO OTHER WARRANTIES ARE MADE BY FARALLON OR ITS
LICENSORS, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANT-
ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
SOME LOCALITIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY
(90) DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS. YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM LOCALITY TO LOCALITY.
L R
IMITATION OF EMEDIES
Farallon's entire liability and your sole remedy under the warranty during the ninety (90) day warranty period
is that Farallon shall, at its sole and exclusive option, either replace the Software with a functionally
equivalent program at no charge to you or refund the license fee of the Software. Any replacement Software
will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
These are your sole and exclusive remedies for any breach of warranty during this ninety (90) day period.
In order to make a claim under this warranty, you must return the defective item with your receipt within ten
(10) days following the end of the warranty period. Farallon will have no responsibility to replace or refund
the license fee of Software damaged by accident, abuse, or misapplication.