Chelsio T5 Installation And User Manual page 16

Chapter 7. Appendix
6. Limited Warranty.
warrants only that the media upon which the Software is 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. CHELSIO DOES NOT AND CANNOT WARRANT THE
PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR ANY PART THEREOF.
EXCEPT FOR THE FOREGOING LIMITED WARRANTY, CHELSIO MAKES NO OTHER WARRANTIES, EXPRESS
OR IMPLIED, AND 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.
its distributors, and your sole and exclusive remedy, for a breach of the above
warranty, shall be
the above limited warranty and which is returned
distributor is 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
ANY THIRD PARTY FOR
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
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
9. High Risk Activities.
designed, manufactured or intended
equipment in hazardous environments requiring fail-safe performance,
the operation of
systems, air traffic
which the failure
or severe physical or environmental
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
U.S. export jurisdiction.
the United States
the Software. 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.
You agree to comply
apply to the Software, including the
as end-user, end-use,
governments.
11. Government Restricted Rights.
follows. If the Software is acquired under
reproduction or disclosure
applicable ADP Schedule
terms of a DoD
the Government is subject
Chelsio T5 Network Driver for OpenIndiana
If Chelsio furnishes the Software to you on media, Chelsio
The sole and exclusive liability of Chelsio and
the replacement of any media furnished
ANY INDIRECT, INCIDENTAL,
USE OF THE SOFTWARE, INCLUDING
IN NO EVENT
OF THE
HEREUNDER.
The Software is not
for use
nuclear facilities,
control, direct
of the Software could lead directly
You acknowledge
and other countries may restrict the export
with all applicable
U.S. Export Administration Regulations, as well
and destination restrictions issued by U.S. and
The Software is subject to restricted rights as
is subject to the restrictions set forth
contract.
or civilian agency contract, use, duplication or disclosure by
to the restrictions of this Agreement in accordance with
to Chelsio.
SPECIAL,
BUT
SHALL CHELSIO'S LIABILITY ARISING OUT OF
SOFTWARE EXCEED THE AMOUNTS PAID BY YOU FOR
THESE LIMITATIONS
fault- tolerant
or resale as
aircraft navigation
life support machines, or weapons systems,
to
damage. Chelsio
that the
international
the terms
If the Software
by Chelsio not meeting
If Chelsio or its
LIABILITY TO YOU OR
CONSEQUENTIAL OR PUNITIVE
OUT OF OR
NOT LIMITED TO LOSS
SHALL
and
online equipment
such as
or communication
death, personal injury,
specifically disclaims any
and subject to
laws and regulations
and re- export
and national laws that
of a GSA contract: use,
in
is acquired under
RELATED
OF
THE
APPLY
is not
control
in
in
of
of
other
the
the
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