Limitation Of Liability - Extreme Networks Sentriant AG Software User's Manual

Licenses
If the product you have received with this license has been identified as "Beta" Software, then the provisions of this section
apply. To the extent that any provision in this section is in conflict with any other term or condition in this Agreement, this
section shall supersede such other term(s) and condition(s) with respect to the Beta Software, but only to the extent
necessary to resolve the conflict. You acknowledge that the Beta Software may contain bugs, errors and other problems
that could cause system or other failures and data loss. Consequently, Beta Software is provided to you "AS-IS", and
Extreme Networks disclaims any warranty or liability obligations to you of any kind. WHERE LEGAL LIABILITY CANNOT BE
EXCLUDED, BUT MAY BE LIMITED, EXTREME NETWORKS' LIABILITY AND THAT OF ITS SUPPLIERS AND AUTHORIZED
PARTNERS SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (U.S. $50) IN TOTAL. You acknowledge that Extreme
Networks has not promised or guaranteed to you that Beta Software will be announced or made available to anyone in the
future; that Extreme Networks has no express or implied obligation to you to announce or introduce the Beta Software;
and that Extreme Networks may not introduce a product similar to or compatible with the Beta Software. Accordingly, you
acknowledge that any research or development that you perform regarding the Beta Software or any product associated
with the Beta Software is done entirely at your own risk. During the term of this Agreement, you will provide feedback to
Extreme Networks upon request regarding testing and use of the Beta Software, including error or bug reports. If you have
been provided the Beta Software pursuant to a separate written agreement, your use of the Beta Software is also governed
by such agreement. Your Use and evaluation of the Beta Software is deemed the Confidential Information of Extreme
Networks, and will not be disclosed to any third party without Extreme Networks' prior written consent. Upon receipt of a
later unreleased version of the Beta Software or release by Extreme Networks of a publicly released commercial version of
the Beta Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all
earlier Beta Software received from Extreme Networks and to abide by the terms of the End User License Agreement for
any such later versions of the Beta Software. Your Use of the Beta Software is limited to 30 days unless otherwise agreed
to in writing by Extreme Networks.
7. Restrictions.
You may not sell, lease, license, rent, loan, resell or otherwise transfer the Software, with or without consideration. If you
enter into a contract with a third party in which the third party manages your information technology resources ("Managing
Party"), you may transfer all your rights to Use the Software to such Managing Party, provided that (a) the Managing Party
only Uses the Software for your internal operations and not for the benefit of another third party; (b) the Managing Party
agrees to comply with the terms and conditions of this Agreement, and (c) you provide Extreme Networks with written
notice that a Managing Party will be Using the Software on your behalf. You may not permit third parties to benefit from
the use or functionality of the Software via a timesharing, service bureau or other arrangement. You may not reverse
engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by
applicable law. You may not modify, or create derivative works based upon, the Software in whole or in part. You may not
copy the Software or Documentation except as expressly permitted in Section 2 above. You may not remove any
proprietary notices or labels on the Software. All rights not expressly set forth hereunder are reserved by Extreme
Networks.
8. Warranty and Disclaimer.
a. Limited Warranty. Extreme Networks warrants that for sixty (60) days from the date of original purchase the media (e.g.,
CD ROM), if any, on which the Software is contained will be free from defects in materials and workmanship. Extreme
Networks' and its suppliers' entire liability and your exclusive remedy for any breach of the foregoing warranty shall be, at
Extreme Networks' option, either (i) return of the purchase price paid for the license, if any, or (ii) replacement of the
defective media in which the Software is contained. You must return the defective media to Extreme Networks at your
expense. This limited warranty is void if the defect has resulted from accident, abuse, or misapplication. Any replacement
media will be warranted for the remainder of the original warranty period. Outside the United States, this remedy is not
available to the extent Extreme Networks is subject to restrictions under United States export control laws and regulations,
or prohibited by other laws and regulations.
b. Software Warranty and Disclaimer. Extreme Networks warrants the Software solely to End Users and subject to the terms
and conditions of the Extreme Networks standard warranty card provided with the Software. Except for the limited
warranty set forth therein, THE SOFTWARE IS PROVIDED "AS IS" AND EXTREME NETWORKS MAKES NO WARRANTY AS TO
USE OR PERFORMANCE. EXCEPT TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE PROHIBITED BY APPLICABLE
LAW, EXTREME NETWORKS, ITS SUPPLIERS AND AUTHORIZED PARTNERS MAKE NO WARRANTY, CONDITION,
REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMOM LAW, CUSTOM, USAGE OR
OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS,
MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. You assume
responsibility for selecting the Software to achieve your intended results, and for your Use thereof. WITHOUT LIMITING
THE FOREGOING PROVISIONS, EXTREME NETWORKS MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE
OR FREE FROM INTERRUPTIONS OR OTHER FAILURES, OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS.

9. Limitation of Liability.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL
EXTREME NETWORKS OR ITS AUTHORIZED PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR
LOSS OF PROFITS, LOSS OF GOODWILL OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR
DAMAGES FOR GROSS NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO
EVENT SHALL EXTREME NETWORKS OR ITS AUTHORIZED PARTNERS OR SUPPLIERS BE LIABLE FOR ANY DAMAGE IN
EXCESS OF THE PRICE PAID FOR THE SOFTWARE, IF ANY, EVEN IF EXTREME NETWORKS OR ITS AUTHORIZED PARTNERS
OR SUPPLIERS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This limitation shall not apply to
liability for death or personal injury to the extent that applicable law prohibits such limitation. Extreme Networks is acting
on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as
provided in this Agreement, but in no other respects and for no other purpose. The foregoing provisions shall be
enforceable to the maximum extent permitted by applicable law.
10. Notice to United States Government End Users.
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Sentriant AG Software Users Guide, Version 5.3