Adaptec 5325302057 User Manual page 4

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.
The entire liability of Adaptec and its licensors, and your exclusive remedy for a breach of this warranty, shall
be the replacement of any media not meeting the above limited warranty which is returned to Adaptec; or if
Adaptec or its 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 and your money will be
refunded.
THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES ADAPTEC AND ITS LICENSORS
WILL PROVIDE FOR BREACH OF WARRANTY.
6. 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. IN NO EVENT WILL
ADAPTEC BE LIABLE UNDER THIS AGREEMENT FOR ANY AMOUNT IN EXCESS OF THE LICENSE
FEES YOU PAID FOR THE SOFTWARE OR, IF THE SOFTWARE WAS FREE, IN AN AMOUNT IN EXCESS
OF THE AMOUNT PAID BY YOU FOR THE HARDWARE SOLD IN CONJUNCTION WITH THE
SOFTWARE. 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.
7. Export. You acknowledge that the laws and regulations of the United States restrict the export and re-export of
the Software and/or the Open Source Software. Further, you agree that you will not export or re-export the
Software and/or the Open Source Software or media in any form without the appropriate United States and
foreign government approval.
8. U.S. Government Restricted Rights. 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 license in accordance with 48 C.F.R. 12.212 of the Federal
Acquisition Regulations and its successors and 48 C.F.R. 227.7202-1 of the DoD FAR Supplement and its
successors.
9. Open Source Software. Certain programs distributed in conjunction with the Software may be distributed
subject to third party licensing terms, including without limitation, the GNU General Public ("GPL") License
available at: http://www.gnu.org/licenses/gpl.txt or by writing to the Free Software Foundation, Inc., 59
Temple Place, Suite 330, Boston, MA 02111-1307 USA. The source code for the programs licensed under the
GPL is available to You, for a period of three (3) years from the date of first commercial distribution of the
Software, upon request by contacting Adaptec in writing at 691 South Milpitas Boulevard, Milpitas, California
95035, ATTN: Legal Department, Open Source Request. Adaptec will only charge you the actual cost of the
medium used to distribute the source code for these programs and the cost of shipping. More details regarding
the open source software and the applicable open source licenses are available in the README files.
10. Export Compliance. Each party agrees that the Software is subject to the U.S. Export Administration Act and
Export Administration Regulations, as well as applicable import and export regulations of the countries in
which each party transacts business. Each party shall comply with such laws and regulations, as well as all
other laws and regulations applicable to the Software. Each party agrees that it will not export, re-export,
transfer or divert any of the Software to any country for which United States' laws or regulations require an
export license or other governmental approval, without first obtaining such license or approval, nor will each
party export, re-export, transfer or divert any of the Software to any restricted place or party in accordance
with U.S. export regulations.