ZyXEL Communications Vantage CNM 2.0 User Manual page 252

Vantage CNM 2.0
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. To the maximum extent permitted by applicable law, in no event
shall ZyXEL or its suppliers be liable for any special, incidental, indirect, or consequential damages
whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss
of business information, or any other pecuniary loss) arising out of the use of or inability to use the
SOFTWARE or the provision of or failure to provide Support Services, even if ZyXEL has been advised of
the possibility of such damages. In any case, ZyXEL's entire liability under any provision of this EULA
shall be limited to the greater of the amount actually paid by you for the SOFTWARE; provided, however,
if you have entered into a ZyXEL Support Services Agreement, ZyXEL's entire liability regarding Support
Services shall be governed by the terms of that agreement.
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
ZyXEL SHALL HAVE THE RIGHT, AT ITS OWN EXPENSE, UPON REASONABLE PRIOR
NOTICE, TO PERIODICALLY INSPECT AND AUDIT YOUR RECORDS TO ENSURE YOUR
COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
10. Termination
This License Agreement is effective until it is terminated. You may terminate this License Agreement at
any time by destroying or returning to ZyXEL all copies of the Software and Documentation in your
possession or under your control. ZyXEL may terminate this License Agreement for any reason, including,
but not limited to, if ZyXEL finds that you have violated any of the terms of this License Agreement.
Upon notification of termination, you agree to destroy or return to ZyXEL all copies of the Software and
Documentation and to certify in writing that all known copies, including backup copies, have been
destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the
termination of this Software License Agreement.
12. General
This License Agreement shall be construed, interpreted and governed by the laws of Republic of China
without regard to conflicts of laws provisions thereof. The exclusive forum for any disputes arising out of
or relating to this License Agreement shall be an appropriate court or Commercial Arbitration Association
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