NewerTech MAXPower mini-SAS 6G-2e User Manual page 19

NewerTech MAXPower RAID mini-SAS 6G
Software
NewerTech's® Proprietary Rights
You acknowledge and agree that NewerTech and/or its licensors own all legal right, title and interest in and to the Product, and any
software (including any Content provided therein) provided by NewerTech to you as a part of and/or in connection with the Product
(the "Software"), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the
world they may exist. You further agree that the Product (including the Software, or any other part thereof ) contains proprietary and
confidential information that is protected by applicable intellectual property and other laws.
License From NewerTech®
NewerTech grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you by NewerTech
as a part of the Product and in accordance with this SLA; provided that you do not (and do not permit anyone else to) copy, modify,
create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted
or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software.
Export Control
Use of the Product and Software, including transferring, posting, or uploading data, software or other Content via the Service, may
be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and
import laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S.
embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department
of Commerce Denied Person's List or Entity List. By using the Software or Service, you represent and warrant that you are not located
in any such country or on any such list. You also agree that you will not use the Software or Service for any purposes prohibited by
United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or
biological weapons. You further agree not to upload to your account any data or software that cannot be exported without prior written
government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall
survive termination of this SLA.
Disclaimer of Warranties
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE
SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. NEWERTECH AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN
PARTICULAR, NEWERTECH AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
MAKE NO WARRANTY THAT (I) THE PRODUCT WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE PRODUCT WILL BE TIMELY,
UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE PRODUCT WILL BE ACCURATE
OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE PRODUCT WILL BE CORRECTED.
ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE PRODUCT IS DONE SO
AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OR
CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE PRODUCT. YOU FURTHER ACKNOWLEDGE THAT THE PRODUCT
IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR
INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE PRODUCT COULD LEAD TO DEATH, PERSONAL INJURY, OR
SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
NEWERTECH OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE SLA.
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