NEC ExpEther-2S User Manual page 101

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WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF
THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL
NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION
MAY NOT APPLY TO YOU.
8. U.S. GOVERNMENT END USERS.
The Covered Software is a commercial item, as that term is defined in 48 C.F.R. 2.101 (Oct. 1995),
consisting of commercial computer software (as that term is defined at 48 C.F.R. 252.227-7014(a)(1))
and commercial
computer software documentation as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent
with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government
End Users acquire Covered Software with only those rights set forth herein. This U.S. Government
Rights clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or provision that
addresses Government rights in computer software under this License.
9. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof. If any provision of
this License is held to be unenforceable, such provision shall be reformed only to the extent necessary
to make
it enforceable. This License shall be governed by the law of the jurisdiction specified in a notice
contained within the Original Software (except to the extent applicable law, if any, provides otherwise),
excluding such jurisdictions conflict-of-law provisions. Any litigation relating to this License shall be
subject to the jurisdiction of the courts located in the jurisdiction and venue specified in a notice
contained within the Original Software, with the losing party responsible for costs, including, without
limitation, court costs and reasonable attorneys fees and expenses. The application of the United
Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or
regulation which provides that the language of a contract shall be construed against the drafter shall not
apply to this License. You agree that You alone are responsible for compliance with the United States
export administration regulations (and the export control laws and regulation of any other countries)
when You use, distribute or otherwise make available any Covered Software.
10.
RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is responsible for claims and damages
arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with
Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein
is intended or shall be deemed to constitute any admission of liability.
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This product uses the following open source software according to the terms of
the Eclipse Public License Version 1.0 (EPL-1.0)
* org.eclipse.persistence.antlr-2.5.0.jar
* org.eclipse.persistence.asm-2.5.0.jar
* org.eclipse.persistence.core-2.5.0.jar
* org.eclipse.persistence.moxy-2.5.0.jar
Eclipse Public License, Version 1.0 (EPL-1.0)
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC
LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means:
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