ZyXEL Communications NXC5200 User Manual page 674

Appendix F Open Software Announcements
Acknowledgements, licensing terms and disclaimers for such material are contained in the License
Notice as below for the Software, and your use of such material is governed by their respective terms.
ZyXEL has provided, as part of the Software package, access to certain third party software as a
convenience. To the extent that the Software contains third party software, ZyXEL has no express or
implied obligation to provide any technical or other support for such software. Please contact the
appropriate software vendor or manufacturer directly for technical support and customer service
related to its software and products.
5.Confidentiality
You acknowledge that the Software contains proprietary trade secrets of ZyXEL and you hereby agree
to maintain the confidentiality of the Software using at least as great a degree of care as you use to
maintain the confidentiality of your own most confidential information. You agree to reasonably
communicate the terms and conditions of this License Agreement to those persons employed by you
who come into contact with the Software, and to use reasonable best efforts to ensure their
compliance with such terms and conditions, including, without limitation, not knowingly permitting
such persons to use any portion of the Software for the purpose of deriving the source code of the
Software.
6.No Warranty
THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZyXEL
DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. ZyXEL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL
MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE
ERROR FREE, OR IN AN UNINTERUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE
SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR
PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED
WARRANTIES SO THEY MAY NOT APPLY TO YOU. IF THIS EXCLUSION IS HELD TO BE UNENFORCEABLE
BY A COURT OF COMPETENT JURISDICTION, THEN ALL EXPRESS AND IMPLIED WARRANTIES SHALL
BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF PURCHASE OF THE
SOFTWARE, AND NO WARRANTIES SHALL APPLY AFTER THAT PERIOD.
7.Limitation of Liability
IN NO EVENT WILL ZyXEL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR
EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR
LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF ZyXEL HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. ZyXEL's AGGREGATE LIABILITY WITH RESPECT TO ITS
OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND
DOCUMENTATION OR OTHERWISE SHALL BE EQUAL TO THE PURCHASE PRICE, BUT SHALL IN NO
EVENT EXCEED THE PRODUCT'S PRICE. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
8.Export Restrictions
THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY APPLICABLE LAWS, REGULATIONS,
ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT OF THE SOFTWARE OR INFORMATION ABOUT
SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME. YOU SHALL NOT EXPORT THE
SOFTWARE, DOCUMENTATION OR INFORMATION ABOUT THE SOFTWARE AND DOCUMENTATION
WITHOUT COMPLYING WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS. YOU
AGREE TO INDEMNIFY ZyXEL AGAINST ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS AND
EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, TO THE EXTENT SUCH CLAIMS ARISE OUT
OF ANY BREACH OF THIS SECTION 8.
9.Audit Rights
674
NXC5200 User's Guide