ZyXEL Communications WAP5605 User Manual page 183

THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZyXEL
DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ZyXEL DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY
HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERUPTED FASHION,
OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE
SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT
ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
IF THIS EXCLUSION IS HELD TO BE UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION,
THEN ALL EXPRESS AND IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION TO A PERIOD OF
THIRTY (30) DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE, AND NO WARRANTIES
SHALL APPLY AFTER THAT PERIOD.
Limitation of Liability
7
IN NO EVENT WILL ZyXEL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE,
OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION,
OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SOFTWARE OR PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF ZyXEL HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZyXEL's TOTAL AGGREGATE LIABILITY WITH
RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE
SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL BE EQUAL TO THE PURCHASE PRICE,
BUT SHALL IN NO EVENT EXCEED THE PRODUCT'S PRICE. BECAUSE SOME STATES/COUNTRIES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Export Restrictions
8
THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY APPLICABLE LAWS,
REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT OF THE SOFTWARE OR
INFORMATION ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME. YOU
SHALL NOT EXPORT THE SOFTWARE, DOCUMENTATION OR INFORMATION ABOUT THE SOFTWARE
AND DOCUMENTATION WITHOUT COMPLYING WITH SUCH LAWS, REGULATIONS, ORDERS, OR
OTHER RESTRICTIONS. YOU AGREE TO INDEMNIFY ZyXEL AGAINST ALL CLAIMS, LOSSES,
DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, TO
THE EXTENT SUCH CLAIMS ARISE OUT OF ANY BREACH OF THIS SECTION 8.
Audit Rights
9
ZyXEL SHALL HAVE THE RIGHT, AT ITS OWN EXPENSE, UPON REASONABLE PRIOR NOTICE, TO
PERIODICALLY INSPECT AND AUDIT YOUR RECORDS TO ENSURE YOUR COMPLIANCE WITH THE
TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
10 Termination
This License Agreement is effective until it is terminated. You may terminate this License
Agreement at any time by destroying or returning to ZyXEL all copies of the Software and
Documentation in your possession or under your control. ZyXEL may terminate this License
Agreement for any reason, including, but not limited to, if ZyXEL finds that you have violated any of
the terms of this License Agreement. Upon notification of termination, you agree to destroy or
return to ZyXEL all copies of the Software and Documentation and to certify in writing that all
known copies, including backup copies, have been destroyed. All provisions relating to
WAP5605 User's Guide
Appendix F Open Software Announcements
183