Maxtor OneTouch User Manual page 82

English
9. Limitation of Liability. EXCEPT TO THE EXTENT PROHIBITED BY
LOCAL LAW OR FOR BODILY INJURY CAUSED BY THE
NEGLIGENCE OF MAXTOR, IN NO EVENT SHALL MAXTOR OR
ITS SUBSIDIARIES, AFFILIATES OR SUPPLIERS, BE LIABLE OR
OBLIGATED IN ANY MANNER WITH RESPECT TO THE SUBJECT
MATTER OF THIS LICENSE FOR ANY DIRECT, CONSEQUENTIAL,
SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND
(INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, LOSS
OF PROFITS OR DOWNTIME COSTS) ARISING OUT OF THE USE
OF, INABILITY TO USE, OR THE RESULTS OF USE OF, THE
SOFTWARE, WHETHER BASED IN WARRANTY, CONTRACT,
TORT OR OTHER LEGAL THEORY, AND WHETHER OR NOT
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL THE TOTAL LIABILITY OF MAXTOR OR ITS
SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF
ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC
MAXTOR PRODUCT TO WHICH THE LIABILITY IS RELATED. THE
FOREGOING LIMITATION SHALL NOT APPLY TO ANY DAMAGES
INTENTIONALLY CAUSED BY MAXTOR IF NOT ALLOWED BY EU
OR EU MEMBER STATE LAW. You acknowledge and confirm that
the commercial and economic terms upon which Maxtor agrees to
license the Software have been conditioned to a substantial extent
by the ability of Maxtor to make and enjoy the full protection of the
disclaimer and limitation of liability set forth in this License and you
agree, represent and confirm that the contents of such sections are
fair and reasonable. Some jurisdictions do not allow the exclusion
or limitation of liability for incidental or consequential damages, so
the above limitation may not apply to you.
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10. Export Restrictions. You agree and certify that neither the
Software nor any technical data received from Maxtor, nor the
direct product thereof, will be exported outside the United States
except as authorized and as permitted by the laws and regulations
of the United States. If the Software has been rightfully obtained by
you outside the United States, you agree that you will not re-export
the Software nor any other technical data received from Maxtor, nor
the direct product thereof, except as permitted by the laws and
regulations of the United States and the laws and regulations of the
jurisdiction in which you obtained the Software. You agree to
comply fully with all laws and regulations of the United States and
other countries to assure that neither the Software, not any direct
products thereof are: exported, directly or indirectly, in violation of
any applicable export control laws or used for any purpose
prohibited by such export control laws, including, without limitation,
nuclear, chemical or biological weapons proliferation. None of the
Software or underlying information or technology may be
downloaded or otherwise exported or re-exported (i) into (or to a
national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea,
Iran, Syria or any other country to which the U.S. has embargoed
goods; (ii) or to anyone on the U.S. Treasury Department's Table of
Denial Orders. By using the Software, you represent and warrant
that you are not located in, under the control of, or a national
resident of any such country or on any such list.