Adaptec 3210S User Guide - Page 4

the date of delivery to you. ADAPTEC AND ITS LICENSORS DO NOT AND, DATA - specifications

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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. iv

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iv
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.