Cisco BWX360 WiMAX User Manual page 52

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End User Software License Agreement
plying the Software to Customer may, at its option, require return of the Software and/
or Documentation as a condition to the remedy. In no event does Cisco warrant that the
Software is error free or that Customer will be able to operate the Software without
problems or interruptions. In addition, due to the continual development of new tech-
niques for intruding upon and attacking networks, Cisco does not warrant that the Soft-
ware or any equipment, system or network on which the Software is used will be free
of vulnerability to intrusion or attack.
Restrictions. This warranty does not apply if the Software, Product or any other equip-
ment upon which the Software is authorized to be used (a) has been altered, except by
Cisco or its authorized representative, (b) has not been installed, operated, repaired, or
maintained in accordance with instructions supplied by Cisco, (c) has been subjected
to abnormal physical or electrical stress, abnormal environmental conditions, misuse,
negligence, or accident; or (d) is licensed for beta, evaluation, testing or demonstration
purposes. The Software warranty also does not apply to (e) any temporary Software
modules; (f) any Software not posted on Cisco's Software Center (on Cisco.com URL
where Cisco makes the Software publicly available to licensed customers); (g) any
Software that Cisco expressly provides on an "AS IS" basis on Cisco's Software Cen-
ter; or (h) any Software for which Cisco does not receive a license fee.
DISCLAIMER OF WARRANTY
EXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, ALL EXPRESSED OR
IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MER-
CHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMA-
TIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE,
OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED
BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY CISCO, ITS SUP-
PLIERS AND LICENSORS. TO THE EXTENT AN IMPLIED WARRANTY CANNOT
BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS
WARRANTY PERIOD. TO THE EXTENT SOME STATES OR JURISDICTIONS DO
NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE
ABOVE LIMITATION MAY NOT APPLY. THIS WARRANTY GIVES CUSTOMER SPE-
CIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS
WHICH VARY FROM JURISDICTION TO JURISDICTION. This disclaimer and exclu-
sion shall apply even if the express warranty set forth above fails of its essential pur-
pose.
General Terms Applicable to the Limited Warranty Statement and End User
License Agreement
Disclaimer of Liabilities - Limitation of Liability. IF YOU ACQUIRED THIS SOFT-
WARE IN THE UNITED STATES, LATIN AMERICA, CANADA, JAPAN OR THE CAR-
IBBEAN, NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT TO THE
CONTRARY, ALL LIABILITY OF CISCO, ITS AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLECTIVELY, TO CUS-
TOMER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH
OF WARRANTY OR OTHERWISE, SHALL NOT EXCEED THE PRICE PAID BY CUS-
52

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