HP ProCurve 530 NA (J8986A) Management And Configuration Manual page 532

Open Source Licenses
DOCUMENTATION, THE SPECIFICATIONS. OR OTHERWISE, INCLUDING BUT NOT LIMITED
TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS.
6. Limitation of Liability. IN NO EVENT SHALL INMON OR ITS SUPPLIERS OR
LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR
EXEMPLARY DAMAGES WHATSOEVER, WHETHER RELATED TO OR ARISING OUT OF
THIS AGREEMENT, THE TRADEMARK, THE SOFTWARE, THE DOCUMENTATION, THE
SPECIFICATIONS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR
LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR FOR ANY CLAIM OR
DEMAND AGAINST LICENSEE BY ANY OTHER PARTY, OR OTHER PECUNIARY LOSS,
EVEN IF INMON HAS BEEN ADVISED OF OR KNOWS OF THE POSSIBILITY OF SUCH
DAMAGES.
7. Term and Termination. The term of this Agreement will begin on the Effective Date, which
shall be deemed to be the date of delivery of the Software and/or Documentation and/or
Specifications to Licensee, and shall continue indefinitely unless and until terminated by
Licensee's giving written notice of termination to InMon, or by InMon pursuant to InMon's
termination rights as set forth in Section 2.3 above. Upon any termination of this Agreement,
Licensee shall cease exercising its license rights under this Agreement, including the right to
distribute Products that incorporate the Software or Documentation or that implement the
Specifications. The rights and obligations contained in Sections 1, 3, 5, 6, 7, and 8 shall survive
any termination of this Agreement.
8. General Provisions.
8.1 Assignment. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their permitted successors and permitted assigns. InMon will have the right to assign
this Agreement without notice to Licensee. Licensee may assign or transfer (whether by merger,
operation of law or in any other manner) any of its rights or delegate any of its obligations
hereunder without the prior written consent of InMon, provided the assignee assumes in writing all
of Licensee's obligations hereunder.
8.2 Notices. All notices permitted or required under this Agreement shall be in writing and
shall be delivered in person or mailed by first class, registered or certified mail, postage prepaid,
to the address of the party specified in this Agreement or such other address as either party may
specify in writing. Such notice shall be deemed to have been given upon receipt.
8.3 Non-Waiver. No term or provision hereof shall be deemed waived, and no breach
excused, unless such waiver or consent shall be in writing and signed by the party claimed to
have waived or consented. Any consent or waiver, whether express or implied, shall not
constitute a consent or waiver of, or excuse for any separate, different or subsequent breach.
8.4 Independent Contractor. The parties' relationship shall be solely that of independent
contractors, and nothing contained in this Agreement shall be construed to make either party an
agent, partner, representative or principal of the other for any purpose.
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