ZyXEL Communications NBG-5715 User Manual page 284

Appendix H Legal Information
thereof, in the operation of a service bureau or for the benefit of any other person or entity. You
may not cause, assist or permit any third party to do any of the foregoing. Portions of the Software
utilize or include third party software and other copyright material. Acknowledgements, licensing
terms and disclaimers for such material are contained in the online electronic documentation for the
Software (ftp://opensource.zyxel.com), 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.
Confidentiality
5
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.
No Warranty
6
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.
Limitation of Liability
7
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°ØS 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.
Export Restrictions
8
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NBG5715 User's Guide