Seagate BlackArmor NAS 400 Series BlackArmor Backup User Guide - Page 5

7. LIMITATION OF LIABILITY. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER, THE ENTIRE LIABILITY OF SEAGATE AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE LIMITED TO, AND IN NO EVENT WILL SEAGATE OR ITS SUPPLIERS TOTAL CUMULATIVE DAMAGES EXCEED, THE FEES PAID BY YOU TO SEAGATE FOR THE PRODUCT. 8. Indemnification. By accepting the EULA, you agree to indemnify and otherwise hold harmless Seagate, its officers, employee, agents, subsidiaries, affiliates, and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Product or any other matter relating to the Product. 9. International Trade Compliance. The Software and any related technical data made available for download under this EULA is subject to the customs and export control laws and regulations of the United States (―U.S.‖) and may also be subject to the customs and export laws and regulations of the country in which the download is contemplated. Further, under U.S. law, the Software and any related technical data made available for download under this EULA may not be sold, leased or otherwise transferred to restricted countries, or used by a restricted end-user (as determined on any one of the U.S. government restricted parties lists, found at http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) or an end-user engaged in activities related to weapons of mass destruction including, without limitation, activities related to designing, developing, producing or using nuclear weapons, materials, or facilities, missiles or supporting missile projects, or chemical or biological weapons. You acknowledge that you are not a citizen, national, or resident of, and are not under control of the government of Cuba, Iran, North Korea, Sudan or Syria; are not otherwise a restricted end-user as defined by U.S. export control laws; and are not engaged in proliferation activities. Further, you acknowledge that you will not download or otherwise export or re-export the Software or any related technical data directly or indirectly to the above-mentioned countries or to citizens, nationals, or residents of those countries, or to any other restricted end-user or for any restricted end-use. 10. General. This EULA between you and Seagate is governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles. The EULA constitutes the entire agreement between Seagate and you relating to the Product and governs your use of the Product, superseding any prior agreement between you and Seagate relating to the subject matter hereof. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of the EULA will remain in force and effect. The Product and any related technical data are provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1)(iii) of DFARS 252.227-7013 (The Rights in Technical Data and Computer Product) or subparagraphs (c)(1) and (2) of 48 CFR 52.227-19 (Commercial Computer Product - Restricted Rights), as applicable. The manufacturer is Seagate. You may not transfer or assign this EULA or any rights under this EULA, except that you may make a one- Copyright (c) 2000-2009 Acronis. All rights reserved. Copyright (c) 2009 Seagate Technology LLC. All Rights Reserved. 5