Adaptec Storage Manager User Manual page 5

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
Sunnyvale, CA 94089
(408) 239-8000
5
●