Spectra Stack Tape Library User Manual page 10

13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL SPECTRA, ITS AFFILIATES OR LICENSEES, BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR
ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES, EVEN IF SPECTRA HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SPECTRA'S ENTIRE LIABILITY
UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE AMOUNT
ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT; PROVIDED
HOWEVER, IF YOU HAVE ENTERED INTO A MASTER SUPPORT AGREEMENT,
SPECTRA'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE
GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES
AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
14. CONTROLLING LAW AND SEVERABILITY
This EULA will be governed by and construed in accordance with the laws of the
State of Colorado, as applied to agreements entered into and to be performed entirely
within Colorado between Colorado residents. This EULA shall not be governed by the
United Nations Convention on Contracts for the International Sale of Goods, the
application of which is expressly excluded. If for any reason a court of competent
jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder
of this EULA shall continue in full force and effect.
SPECTRA STACK LIBRARY
JANUARY 2023 10
USER GUIDE