Extreme Networks ExtremeWireless NX-7500 Series Installation Manual page 27

12 UNITED STATES GOVERNMENT RESTRICTED RIGHTS. The Licensed Materials (i) were developed
solely at private expense; (ii) contain "restricted computer software" End-User Software License
Agreement AP-7562 Installation Guide 57 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 Source Software and the applicable Open Source Licenses are
available at www.extremenetworks.com/services/SoftwareLicensing.aspx. Some of the Open Source
software may be subject to the GNU General Public License v.x (GPL) or the Lesser General Public
Library (LGPL), copies of which are provided with the Licensed Materials End-User Software License
Agreement AP-7562 Installation Guide 58 and are further available for review at
www.extremenetworks.com/services/ SoftwareLicensing.aspx, or upon request as directed herein. In
accordance with the terms of the GPL and LGPL, you may request a copy of the relevant source
NX-7500 Series Integrated Services Platform
Regulatory Information
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