Nokia IP40 User Manual page 186

C
End User License Agreement
control over such defense and all negotiations for a settlement or compromise, unless it declines
to defend or settle, in which case You are free to pursue any alternative You may have.
7. LIMITED WARRANTY, WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY:
7.1 Limited Warranty. SofaWare warrants to You that the encoding of the software program on
the media on which the Product is furnished will be free from defects in material and
workmanship, and that the Product shall substantially conform to its user manual, as it exists at
the date of delivery as can be found on SofaWare's web page (www.sofaware.com or www.s-
box.com), for a period of ninety (90) days from the date of purchase. SofaWare's entire liability
and Your exclusive remedy shall be, at SofaWare's option, either: (i) return of the price paid to
SofaWare for the Product, resulting in the termination of this Agreement, or (ii) repair or
replacement of the Product or media that does not meet this limited warranty. EXCEPT FOR
THE LIMITED WARRANTIES SET FORTH IN THIS SECTION 7.1, THE PRODUCT AND
ANY SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED. SOFAWARE DOES NOT WARRANT THAT THE
PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE
UNINTERRUPTED OR ERROR FREE. SOFAWARE DISCLAIMS ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT. Some jurisdictions 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. You may have other rights which vary from
jurisdiction to jurisdiction.
7.2 Limitation of Liability. EXCEPT FOR PERSONAL INJURY, IN NO EVENT WILL
SOFAWARE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES
ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT, THE PRODUCT OR
ANY SERVICES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR
OTHER THEORY, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES (INCLUDING LOST PROFITS), OR FOR LOSS OF OR CORRUPTION OF
DATA), OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR
TECHNOLOGY, IRRESPECTIVE OF WHETHER SOFAWARE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOFAWARE'S MAXIMUM LIABILITY FOR
DAMAGES SHALL BE LIMITED TO THE LICENSE FEES RECEIVED BY SOFAWARE
UNDER THIS LICENSE FOR THE PARTICULAR PRODUCT(S) WHICH CAUSED THE
DAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to You.
8. GOVERNMENT REGULATION AND EXPORT CONTROL
8.1 Government Regulations. You agree that the Product will not be shipped, transferred, or
exported into any country or used in any manner prohibited by law.
8.2 Export. The Product is subject to export control laws of the State of Israel and/or may be
subject to additional export control laws applicable to You or in Your jurisdiction, including,
without limitation, the United States. If the Product contains any encryption device You must
contact SofaWare's export regulation information page (www.sofaware.com or www.s-box.com)
for specific information. You agree that You will not ship, transfer, or export the Product into
any country, or make available or use the Product in any manner, prohibited by law.
186 Nokia IP40 User Guide