Adaptec RAID 2100S Software User's Manual page 6

9. Limitation of Liability. IN NO EVENT WILL ADAPTEC OR ITS LICENSORS BE
LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT
DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR LOSS OF
DATA, EVEN IF ADAPTEC OR A LICENSOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER
PARTY. Some states do not allow the exclusion or limitation of special, incidental,
or consequential damages, so the above limitation or exclusion may not apply to
you.
10. Export. You acknowledge that the laws and regulations of the United States and
other countries may restrict the export and re-export of 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.
11. Government Restricted Rights. The Software is subject to restricted rights as
follows. If the Software is acquired under the terms of a GSA contract: use,
reproduction or disclosure is subject to the restrictions set forth in the applicable
ADP Schedule contract. If the Software is acquired under the terms of a DoD or
civilian agency contract, use, duplication or disclosure by the Government is
subject to the restrictions of this Agreement in accordance with 48 C.F.R. 12.212 of
the Federal Acquisition Regulations and its successors and 49 C.F.R. 227.7202-1 of
the DoD FAR Supplement and its successors.
12. General. You acknowledge that you have read this Agreement, understand it, and
that by using the Software you agree to be bound by its terms and conditions. You
further agree that it is the complete and exclusive statement of the agreement
between Adaptec and you, and supersedes any proposal or prior agreement, oral
or written, and any other communication between Adaptec and you relating to
the subject matter of this Agreement. No additional or any different terms will be
enforceable against Adaptec unless Adaptec gives its express consent, including
an express waiver of the terms of this Agreement, in writing signed by an officer
of Adaptec. You assume full responsibility for the use of the Software and agree to
use the Software legally and responsibly. This Agreement shall be governed by
California law, except as to copyright matters, which are covered by Federal law.
This Agreement is deemed entered into at Milpitas, California by both parties.
Should any provision of this Agreement be declared unenforceable in any
jurisdiction, then such provision shall be deemed severable from this Agreement
and shall not affect the remainder hereof. All rights in the Software not specifically
granted in this Agreement are reserved by Adaptec.
Should you have any questions concerning this Agreement, you may contact Adaptec
by writing to:
Adaptec, Inc.
Legal Department
691 South Milpitas Boulevard
Milpitas, California 95035.