Clear-Com ECLIPSE DIGITAL WIRELESS User Manual page 5

E C L I P S E W I R E L E S S C O M M U N I C A T I O N S Y S T E M
PARTICULAR PURPOSE, PERFORMANCE, ACCURACY,
RELIABILITY, OR NON-INFRINGEMENT OF THIRD-PARTY
INTELLECTUAL PROPERTY RIGHTS. This constitutes an essential part
of this License.
7. LIMITATION OF LIABILITY:
a. For the avoidance of doubt, all conditions imposed by law covering
matters such as fitness for purpose, compliance to description,
negligence and quality are expressly excluded from this agreement and
you agree to accept the foregoing warranty in lieu of all such items.
b. IN NO EVENT SHALL VGC BE LIABLE FOR ANY LOSS OF
PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR USE OF DATA,
INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL,
INCIDENTAL, EXEMPLARY, MULTIPLE, PUNITIVE OR
CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED
ON CONTRACT, TORT (INCLUDING WITHOUT LIMITATION,
NEGLIGENCE), WARRANTY, GUARANTEE OR ANY OTHER LEGAL
OR EQUITABLE GROUNDS, EVEN IF VGC HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
c. The warranty is personal to you (or end user if you have made it clear
that you are not the end user) and may not be transferred (except as
permitted expressly above).
d. VGC shall not be a liable for failure to perform any obligation to you
where such failure is due to circumstances beyond VGC's reasonable
control.
e. VGC offers extended warranties and, if you are not satisfied with
the above, you should consider such warranties or consider separate
insurance.
8. RESTRICTED RIGHTS:
If this Software is acquired by or for the U.S. Government then it is provided
with Restricted Rights. Use, duplication, or disclosure by the U.S. Government
is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013, or sub-
paragraphs (c)(1) and (2) of the Commercial Computer Software - Restricted
Rights at 48 CFR 52.227-19, or clause 18-52.227-86(d) of the NASA Supplement
to the FAR, as applicable. Contractor/manufacturer: Vitec Group Communi-
cations Limited, 7400 Beach Drive, Cambridge, England CB25 9TP or Vitec
Group Communications, LLC., 850 Marina Village Parkway, Alameda, CA
94501.
9. OTHER ISSUES:
a. Any failure by VGC to insist on its strict rights under this Agreement
shall not be deemed to be a waiver of those (or any other rights) and only
a duly executed written release shall constitute such a waiver.
b. If any of these conditions is deemed invalid or unenforceable the
remainder shall be unaffected.
c. VGC's dealings with you shall be governed by English law if you are
resident in the EMEA region and California law if you are resident
elsewhere. The federal and state courts of California for Non-EMEA
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