Adaptec CDP-00278-02-A User Manual page 11

7. Limited Warranty. PMC-Sierra and its Licensor warrant only that the media upon which the Software
is furnished will be free from defects in material or workmanship under normal use and service for
a period of thirty (30) days from the date of delivery to you. PMC-SIERRA AND ITS LICENSORS DO
NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE
SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES
PMC-SIERRA AND ITS LICENSORS WILL PROVIDE FOR BREACH OF WARRANTY. EXCEPT FOR THE
FOREGOING LIMITED WARRANTY, PMC-SIERRA AND ITS LICENSORS MAKE NO WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED, AS TO NON-INFRINGEMENT OF THIRD PARTY
RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the
exclusion of implied warranties or limitations on how long an implied warranty may last, so the
above limitations may not apply to you. This warranty gives you specific legal rights and you may
also have other rights which vary from state to state.
8. The entire liability of PMC-Sierra and its licensors, and your exclusive remedy for a breach of this
warranty, shall be:
a. The replacement of any media not meeting the above limited warranty which is returned to
PMC-Sierra; or:
b. if PMC-Sierra or its distributor is unable to deliver replacement media which is free from defects
in materials or workmanship, you may terminate this Agreement by returning the Software and
your money will be refunded.
9. Limitation of Liability. IN NO EVENT WILL PMC-SIERRA OR ITS LICENSORS BE LIABLE TO YOU FOR ANY
INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS,
OR LOSS OF DATA, EVEN IF PMC-SIERRA OR A LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some states do not allow the exclusion
or limitation of special, incidental, or consequential damages, so the above limitation or exclusion
may not apply to you.
10. Export. You acknowledge that the laws and regulations of the United States and other countries
may restrict the export and re-export of the Software. You agree that you will not export or re-export
the Software or documentation in any form in violation of applicable United States and foreign law.
11. Government Restricted Rights. The Software is subject to restricted rights as follows. If the Software
is acquired under the terms of a GSA contract: use, reproduction or disclosure is subject to the
restrictions set forth in the applicable ADP Schedule contract. If the Software is acquired under the
terms of a DoD or civilian agency contract, use, duplication or disclosure by the Government is subject
to the restrictions of this Agreement in accordance with 48 C.F.R. 12.212 of the Federal Acquisition
Regulations and its successors and 49 C.F.R. 227.7202-1 of the DoD FAR Supplement and its successors.
12. General. You acknowledge that you have read this Agreement, understand it, and that by using the
Software you agree to be bound by its terms and conditions. You further agree that it is the complete
and exclusive statement of the agreement between PMC-Sierra and you, and supersedes any proposal
or prior agreement, oral or written, and any other communication between PMC-Sierra and you
relating to the subject matter of this Agreement. No additional or any different terms will be
enforceable against PMC-Sierra unless PMC-Sierra gives its express consent, including an express
waiver of the terms of this Agreement, in writing signed by an officer of PMC-Sierra. You assume
full responsibility for the use of the Software and agree to use the Software legally and responsibly.
This Agreement shall be governed by California law, except as to copyright matters, which are covered
by Federal law. This Agreement is deemed entered into at Sunnyvale, California by both parties.
Should any provision of this Agreement be declared unenforceable in any jurisdiction, then such
provision shall be deemed severable from this Agreement and shall not affect the remainder hereof.
All rights in the Software not specifically granted in this Agreement are reserved by PMC-Sierra.
Should you have any questions concerning this license, contact:
PMC-Sierra, Inc.
Legal Department
1380 Bordeaux Drive
Proprietary and Confidential to PMC-Sierra, Inc.
Document No.: CDP-00278-02-A Rev. A, Issue:
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