Extreme Networks AP-8533 Installation Manual page 51

End-User Software License Agreement
those countries embargoed from time to time by the United States government); or
contrary to the laws or regulations of any other governmental entity that has jurisdiction
over such export, import, transmission or Use.
12 UNITED STATES GOVERNMENT RESTRICTED RIGHTS. The Licensed Materials (i) were
developed solely at private expense; (ii) contain "restricted computer software" submitted
with restricted rights in accordance with section 52.227-19 (a) through (d) of the
Commercial Computer Software-Restricted Rights Clause and its successors, and (iii) in all
respects is proprietary data belonging to Extreme and/or its suppliers. For Department of
Defense units, the Licensed Materials are considered commercial computer software in
accordance with DFARS section 227.7202-3 and its successors, and use, duplication, or
disclosure by the U.S. Government is subject to restrictions set forth herein.
13 LIMITED WARRANTY AND LIMITATION OF LIABILITY. Extreme warrants to You that (a)
the initially-shipped version of the Licensed Materials will materially conform to the
Documentation; and (b) the media on which the Licensed Software is recorded will be free
from material defects for a period of ninety (90) days from the date of delivery to You or
such other minimum period required under applicable law. Extreme does not warrant that
Your use of the Licensed Materials will be error-free or uninterrupted. NEITHER EXTREME
NOR ITS AFFILIATES MAKE ANY OTHER WARRANTY OR REPRESENTATION, EXPRESS OR
IMPLIED, WITH RESPECT TO THE LICENSED MATERIALS, WHICH ARE LICENSED "AS IS".
THE LIMITED WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU
OF ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED, AND
STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR FIRM ARE VOID.
IN NO EVENT WILL EXTREME OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE
CREATION, PRODUCTION OR DELIVERY OF THE LICENSED MATERIALS BE LIABLE FOR
SPECIAL, DIRECT, INDIRECT, RELIANCE, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING LOSS OF DATA OR PROFITS OR FOR INABILITY TO USE THE LICENSED
MATERIALS, TO ANY PARTY EVEN IF EXTREME OR SUCH OTHER PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EXTREME OR
SUCH OTHER PARTY'S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER
PARTY EXCEED THE LICENSE FEE YOU PAID FOR THE LICENSED MATERIALS. Some states
do not allow limitations on how long an implied warranty lasts and some states do not
allow the exclusion or limitation of incidental or consequential damages, so the above
limitation and exclusion may not apply to you. This limited warranty gives you specific legal
rights, and you may also have other rights which vary from state to state.
14 JURISDICTION. The rights and obligations of the parties to this Agreement shall be
governed and construed in accordance with the laws and in the State and Federal courts of
the State of California, without regard to its rules with respect to choice of law. You waive
any objections to the personal jurisdiction and venue of such courts. None of the 1980
United Nations Convention on the Limitation Period in the International Sale of Goods, and
the Uniform Computer Information Transactions Act shall apply to this Agreement.
15 FREE AND OPEN SOURCE SOFTWARE. Portions of the Software (Open Source
Software) provided to you may be subject to a license that permits you to modify these
portions and redistribute the modifications (an Open Source License). Your use,
modification and redistribution of the Open Source Software are governed by the terms
and conditions of the applicable Open Source License. More details regarding the Open
AP-8533 Access Point Installation Guide 51