Adaptec 2126800 User Guide - Page 5

DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some states do not allow

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5. Term. This license is effective until January 1, 2045, unless terminated earlier. You may terminate the license at any time by destroying the Software (including the related documentation) together with all copies or modifications in any form. Adaptec will have the right to terminate our license immediately if you fail to comply with any term or condition of this Agreement. Upon any termination, including termination by you, you must destroy the Software (including the related documentation), together with all copies or modifications in any form. 6. Special Terms Applicable to Databases. Where a database is included with the Software, you acknowledge that it is licensed only in connection with the use of the Software to perform disc creation, and that the database and all data derived therefrom must be maintained in confidence in accordance with the provisions of Section 4. This license does not grant you any rights to distribute or disclose such database or data. 7. Limited Warranty. Adaptec and its Licensor warrant only that the media upon which the Software is furnished will be free from defects in material or workmanship under normal use and service for a period of thirty (30) days from the date of delivery to you. ADAPTEC AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES ADAPTEC AND ITS LICENSORS WILL PROVIDE FOR BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ADAPTEC AND ITS LICENSORS MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states 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 and you may also have other rights which vary from state to state. 8. The entire liability of Adaptec and its licensors, and your exclusive remedy for a breach of this warranty, shall be: ٛ a. The replacement of any media not meeting the above limited warranty which is returned to Adaptec; or: ٛ b. if Adaptec or its distributor is unable to deliver replacement media which is free from defects in materials or workmanship, you may terminate this Agreement by returning the Software and your money will be refunded. ٛ 9. Limitation of Liability. IN NO EVENT WILL ADAPTEC OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR LOSS OF DATA, EVEN IF ADAPTEC OR A LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some states do not allow the exclusion or limitation of special, incidental, or consequential damages, so the above limitation or exclusion may not apply to you. v

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5.
Term. This license is effective until January 1, 2045, unless terminated earlier. You may
terminate the license at any time by destroying the Software (including the related
documentation) together with all copies or modifications in any form. Adaptec will have
the right to terminate our license immediately if you fail to comply with any term or
condition of this Agreement. Upon any termination, including termination by you, you
must destroy the Software (including the related documentation), together with all
copies or modifications in any form.
6.
Special Terms Applicable to Databases. Where a database is included with the Software,
you acknowledge that it is licensed only in connection with the use of the Software to
perform disc creation, and that the database and all data derived therefrom must be
maintained in confidence in accordance with the provisions of Section 4. This license does
not grant you any rights to distribute or disclose such database or data.
7.
Limited Warranty. Adaptec and its Licensor warrant only that the media upon which the
Software is furnished will be free from defects in material or workmanship under normal
use and service for a period of thirty (30) days from the date of delivery to you.
ADAPTEC AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE
PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR
DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE
REMEDIES ADAPTEC AND ITS LICENSORS WILL PROVIDE FOR BREACH OF
WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ADAPTEC
AND ITS LICENSORS MAKE NO WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED, AS TO NON-INFRINGEMENT OF THIRD PARTY
RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some
states 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 and you may also have other rights which vary from state
to state.
8.
The entire liability of Adaptec and its licensors, and your exclusive remedy for a breach
of this warranty, shall be:
a.
The replacement of any media not meeting the above limited warranty which is
returned to Adaptec; or:
b.
if Adaptec or its distributor is unable to deliver replacement media which is free
from defects in materials or workmanship, you may terminate this Agreement by
returning the Software and your money will be refunded.
9.
Limitation of Liability. IN NO EVENT WILL ADAPTEC OR ITS LICENSORS BE LIABLE
TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES,
INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR LOSS OF DATA, EVEN IF
ADAPTEC OR A LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some states do not allow
the exclusion or limitation of special, incidental, or consequential damages, so the above
limitation or exclusion may not apply to you.
v