Chelsio Communications Terminator 5 Installation And User Manual page 226

Chapter IX. Appendix
HEREBY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT
OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states
do not allow the 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 furnished
limited warranty and which is returned
unable to deliver replacement media which is free from defects in materials or
workmanship, you may terminate this Agreement by returning the Software.
8. Limitation of Liability. IN NO EVENT SHALL CHELSIO HAVE ANY
THIRD PARTY FOR ANY
DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, ARISING
TO THE LICENSE OR
DATA OR LOSS OF ANTICIPATED PROFITS, EVEN IF CHELSIO HAS BEEN ADVISED OF
POSSIBILITY OF SUCH DAMAGES.
OR RELATED TO THE LICENSE OR USE
THE LICENSE GRANTED
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
9. High Risk Activities.
manufactured or intended
in hazardous environments requiring fail-safe performance, such as
of nuclear facilities,
control, direct life support machines, or weapons systems,
the Software could lead directly
environmental damage. Chelsio
of fitness for any high risk uses listed above.
10. Export. You acknowledge that the Software is of U.S. origin
export jurisdiction.
States and other countries may restrict the export
You 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.
with all applicable
including the U.S. Export Administration Regulations, as well as end-user,
and destination restrictions issued by U.S. and
11. Government Restricted Rights.
follows. If the Software is acquired under
reproduction or disclosure is subject to the restrictions set forth in the applicable
ADP Schedule contract.
DoD or civilian agency contract, use, duplication or disclosure by the Government is
subject to the restrictions of this Agreement in accordance with
the Federal Acquisition Regulations and
DoD FAR Supplement and its successors.
12. General. You acknowledge that you have read
that by using the Software
further agree that it is the complete and exclusive statement of
Chelsio and you,
and any other communication between Chelsio and you relating to the subject matter
Chelsio T5 Unified Wire for Windows
The sole and exclusive liability of Chelsio and its
INDIRECT, INCIDENTAL,
USE OF THE SOFTWARE, INCLUDING
IN NO EVENT
OF THE
HEREUNDER. THESE
The Software is not fault- tolerant and is not designed,
for use or resale
aircraft navigation
to
specifically disclaims any express or
You acknowledge
international
The Software is subject to restricted rights as
If the Software
you agree
and supersedes any proposal
by Chelsio
to Chelsio. If Chelsio or its distributor is
SPECIAL, CONSEQUENTIAL
BUT
SHALL CHELSIO'S LIABILITY ARISING OUT OF
SOFTWARE EXCEED THE AMOUNTS PAID BY YOU FOR
LIMITATIONS SHALL
as online equipment
or communication systems, air
death, personal injury, or severe physical or
that the laws and regulations
and re- export
and national laws that apply to the Software,
other governments.
the terms
is acquired
its successors and 49 C.F.R. 227.7202-1 of the
this Agreement, understand it, and
to be bound by its terms and conditions.
or prior agreement, oral or written,
not meeting the above
LIABILITY TO YOU OR ANY
OR PUNITIVE
OUT OF OR RELATED
NOT LIMITED TO LOSS
APPLY NOTWITHSTANDING
control equipment
in the operation
traffic
in which the failure
implied warranty
and subject to U.S.
of the
of the Software.
You agree to
end-use,
of a GSA contract: use,
under the terms
48 C.F.R. 12.212 of
the agreement between
OF
THE
of
United
comply
of a
You
of
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