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you shall comply with all applicable export control laws and regulations with respect to the
Software and Documentation;
any violation or threatened violation of this Agreement may cause irreparable injury to
TANDBERG for which injunctive relief may be appropriate, in addition to all legal remedies; and
upon violation of any of the provisions of this Agreement or the expiration of the term of Your
license, Your rights to use the Software and Documentation shall automatically terminate and You
shall return to TANDBERG or destroy all copies of the Software and Documentation.
LIMITED WARRANTY. TANDBERG warrants that for a period of ninety (90) days from the date of
delivery (―Warranty Period‖), the Software will operate substantially in accordance with the
Documentation. TANDBERG does not warrant that the functions of the Software will meet Your
requirements or that operation of the Software will be uninterrupted or error free. You must inform
TANDBERG in writing during the Warranty Period if the Software does not operate as warranted and
provide to TANDBERG such information and materials as TANDBERG may reasonably request to
document and reproduce such problem and to verify whether any proposed solution corrects such
problem.
Following the receipt of such information and materials, if TANDBERG determines that the Software
does not operate as warranted, then TANDBERG will at its election, either:
(a) modify the Software so that it does operate as warranted; (b) replace the Software with other
software offering substantially similar functionality; or, (c) if neither (a) nor (b) is commercially feasible,
refund the license fee paid to TANDBERG for the Software.
EXCLUSIONS. TANDBERG will have no responsibility, warranty or other obligations whatsoever if
You:
(a) use the Software in a manner inconsistent with the Documentation or this Agreement; (b) modify
the Software; or (c) cause a failure of the Software through accident, abuse or misapplication.
NO OTHER WARRANTIES. TO THE FULLEST EXTENT ALLOWED BY LAW, THE WARRANTIES
AND REMEDIES PROVIDED IN THE LIMITED WARRANTY SECTION ARE EXCLUSIVE AND IN
LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED IN FACT OR BY OPERATION OF
LAW, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY
OF INFORMATION GENERATED, SATISFACTORY QUALITY, AND NON-INFRINGEMENT, ALL OF
WHICH ARE EXPRESSLY DISCLAIMED.
THESE DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THIS
AGREEMENT.
LIMITATION OF LIABILITY. EXCEPT FOR ANY DAMAGES ARISING FROM A BREACH OF THE
CONFIDENTIALITY OBLIGATIONS OR THE LICENSE GRANT AND RESTRICTIONS FOR THE
SOFTWARE, TO THE FULLEST EXTENT ALLOWED BY LAW, THE PARTIES EXCLUDE ANY
LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY
OTHER LEGAL THEORY, FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES OF ANY KIND, EVEN IF THE PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
TANDBERG'S MAXIMUM LIABILITY TO YOU FOR DAMAGES ARISING OUT OF OR RELATING TO
THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
ANY OTHER LEGAL THEORY, WILL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE
PARTICULAR SOFTWARE GIVING RISE TO THE CAUSE OF ACTION.
THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY WILL NOT BE AFFECTED IF ANY
REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
TANDBERG IBM Lotus Notes/Domino v 11.3 - Installation & getting started guide
License agreement
Page 48 of 49
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