ZyXEL Communications P-330W - V1.90 User Manual page 193

Appendix E Open Software Announcements
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 $1,000. 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
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