Chelsio T5 Installation And User Manual page 178

Chapter V. Appendix
terminated, if you fail to comply with any term or condition of this Agreement.
any termination, including
(including the related documentation), together with all copies or modifications in
any form.
6. Limited Warranty.
furnished will be free from defects in material or workmanship under normal use and
service for a period of thirty (30) days from the date of delivery to you.
DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE
SOFTWARE OR ANY PART THEREOF.
MAKES NO OTHER WARRANTIES,
WARRANTIES, INCLUDING, BUT NOT LIMITED, TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
exclusion of implied warranties or limitations on how long an implied warranty may
last, so the above limitations may not apply to you. This warranty gives you specific
legal rights and you may also have other rights which vary from state to state.
7. Remedy for Breach of Warranty.
distributors, and your sole and exclusive remedy, for a breach of the above warranty,
shall be the replacement of any media not meeting the above limited warranty which is
returned to Chelsio.
media which is free from defects in materials or workmanship, you may terminate this
Agreement by returning the Software.
8. Limitation of Liability.
ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO
THE LICENSE OR USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR LOSS
OF ANTICIPATED PROFITS, EVEN IF CHELSIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL CHELSIO'S LIABILITY ARISING OUT OF OR RELATED TO THE
LICENSE OR USE OF THE SOFTWARE EXCEED THE AMOUNTS PAID BY YOU FOR THE LICENSE GRANTED
HEREUNDER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY.
9. High Risk Activities.
manufactured or intended for use or resale as online equipment control equipment in
hazardous environments requiring fail-safe performance, such as in the operation of
nuclear facilities, aircraft navigation or communication systems, air traffic control,
direct life support machines, or weapons systems, in which the failure of the Software
could lead directly to death, personal injury, or severe physical or environmental
damage. Chelsio specifically disclaims any express or implied warranty of fitness for
any high risk uses listed above.
10. Export. You acknowledge that the Software is of U.S. origin and subject to U.S.
export jurisdiction.
States and other countries may restrict the export and re-export of the Software.
agree that you will not export or re-export the Software or documentation in any form
in violation of applicable United States and foreign law.
all applicable international and national laws that apply to the Software, including
the U.S. Export Administration
destination restrictions issued by U.S. and other governments.
11. Government Restricted Rights.
follows. If the Software
reproduction or disclosure is subject to the restrictions set forth in the applicable
ADP Schedule contract.
Chelsio T5/T4 Unified Wire for Windows
termination
Chelsio warrants only that the media upon which the Software is
EXCEPT FOR THE FOREGOING LIMITED WARRANTY, CHELSIO
EXPRESS OR
The sole and exclusive liability of Chelsio and its
If Chelsio or its distributor is unable to deliver replacement
IN NO EVENT SHALL CHELSIO HAVE ANY LIABILITY TO YOU OR
The Software is not fault-tolerant and is not designed,
You acknowledge that the laws and regulations of the United
Regulations,
The Software is subject to restricted rights as
is acquired
If the Software is acquired under the terms of a DoD or
by you, you must
IMPLIED, AND HEREBY
Some states do not allow the
as well as
under the terms of
destroy the Software
CHELSIO
DISCLAIMS ALL
You agree to comply with
end-user, end-use,
a GSA contract:
Upon
OTHER
You
and
use,
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