Qsan XCubeSAN XS3200 Series Hardware Manual page 61

attempt to circumvent any methods employed by QSAN to control access to the components,
features or functions of the Product.
Open Source
The Product may contain open source components licensed to QSAN. User may visit QSAN's
website to learn specifics of the open source components and the respective license terms
thereof ("Open Source License"). The terms of the Open Source License will control solely with
respect to the open source components to the extent that this EULA conflicts with the
requirements of the open source with respect to your use of the open source components, and, in
such event, you agree to be bound by the Open Source License with respect to your use of such
components.
Disclaimer
QSAN DISCLAIMS ALL WARRANTIES OF PRODUCT, INCLUDING BUT NOT LIMITED TO ANY
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE,
AND NON-INFRINGEMENT. ALL PRODUCTS ARE PROVIDE "AS IS" WITHOUT WARRANTY OF ANY
KIND. QSAN MAKES NO WARRANTY THAT THE PRODUCT WILL BE FREE OF BUGS, ERRORS,
VIRUSES OR OTHER DEFECTS.
IN NO EVENT WILL QSAN BE LIABLE FOR THE COST OF COVER OR FOR ANY DIRECT, INDIRECT,
SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES
WHATSOEVER (INCLUDING, BUT NOT LIMITED TO LOSS OF DATA, INFORMATION, REVENUE,
PROFIT OR BUSINESS) ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE
PRODUCT OR OTHERWISE UNDER OR IN CONNECTION WITH THIS EULA OR THE PRODUCT,
WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR
OTHER THEORY EVEN IF QSAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability
IN ANY CASE, QSAN'S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE
PRODUCT WILL BE LIMITED TO THE TOTAL AMOUNT ACTUALLY AND ORIGINALLY PAID BY
CUSTOMER FOR THE PRODUCT. The foregoing Disclaimer and Limitation of Liability will apply to
the maximum extent permitted by applicable law. Some jurisdictions do not allow the exclusion
or limitation of incidental or consequential damages, so the exclusions and limitations set forth
above may not apply.
Termination
If User breach any of its obligations under this EULA, QSAN may terminate this EULA and take
remedies available to QSAN immediately.
Miscellaneous
1. QSAN reserves the right to modify this EULA.
2. QSAN reserves the right to renew the software or firmware anytime.
3. QSAN may assign its rights and obligations under this EULA to any third party without
condition.
4. This EULA will be binding upon and will inure to User's successors and permitted assigns.
49
Appendix