Adaptec iSA1500 User Guide - Page 7

C.F.R. 12.212 of the Federal Acquisition Regulations and its successors and 48 C.F.R.

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6. 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. 7. 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. 8. Limited Warranty. Adaptec and its Licensors 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. THE FOREGOING WARRANTY EXPRESSLY EXCLUDES ANY OPEN SOURCE SOFTWARE PROVIDED TO YOU WITH THE ADAPTEC SOFTWARE. ADAPTEC AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, OPEN SOURCE SOFTWARE OR DOCUMENTATION. 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. 9. 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. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES ADAPTEC AND ITS LICENSORS WILL PROVIDE FOR BREACH OF WARRANTY. 10. 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. IN NO EVENT WILL ADAPTEC BE LIABLE UNDER THIS AGREEMENT FOR AN AMOUNT IN EXCESS OF THE LICENSEE FEES YOU PAID FOR THE SOFTWARE OR, IF THE SOFTWARE WAS FREE, IN AN AMOUNT IN EXCESS OF THE PRICE PAID FOR THE HARDWARE SOLD IN CONJUNCTION WITH THE SOFTWARE. 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. 11. Export. You acknowledge that the laws and regulations of the United States and other countries may restrict the export and re-export of the Software. You agree that you will not export or re-export the Software or documentation in any form in violation of applicable United States and foreign law. 12. Government Restricted Rights. The Software is subject to restricted rights as follows. If the Software is acquired under the terms of a GSA contract: use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract. If the Software is acquired under the terms of a DoD or civilian agency contract, use, duplication or disclosure by the Government is subject to the restrictions of this Agreement in accordance with 48 C.F.R. 12.212 of the Federal Acquisition Regulations and its successors and 48 C.F.R. 227.7202-1 of the DoD FAR Supplement and its successors. vi

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vi
6.
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.
7.
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.
8.
Limited Warranty. Adaptec and its Licensors 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. THE
FOREGOING WARRANTY EXPRESSLY EXCLUDES ANY OPEN SOURCE SOFTWARE
PROVIDED TO YOU WITH THE ADAPTEC SOFTWARE. ADAPTEC AND ITS
LICENSORS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS
YOU MAY OBTAIN BY USING THE SOFTWARE, OPEN SOURCE SOFTWARE OR
DOCUMENTATION. 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.
9.
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.
THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES ADAPTEC AND ITS
LICENSORS WILL PROVIDE FOR BREACH OF WARRANTY.
10.
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. IN NO EVENT WILL
ADAPTEC BE LIABLE UNDER THIS AGREEMENT FOR AN AMOUNT IN EXCESS OF
THE LICENSEE FEES YOU PAID FOR THE SOFTWARE OR, IF THE SOFTWARE WAS
FREE, IN AN AMOUNT IN EXCESS OF THE PRICE PAID FOR THE HARDWARE SOLD
IN CONJUNCTION WITH THE SOFTWARE. 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.
11.
Export. You acknowledge that the laws and regulations of the United States and other
countries may restrict the export and re-export of the Software. You agree that you will not
export or re-export the Software or documentation in any form in violation of applicable
United States and foreign law.
12.
Government Restricted Rights. The Software is subject to restricted rights as follows. If the
Software is acquired under the terms of a GSA contract: use, reproduction or disclosure is
subject to the restrictions set forth in the applicable ADP Schedule contract. If the Software is
acquired under the terms of a DoD or civilian agency contract, use, duplication or disclosure
by the Government is subject to the restrictions of this Agreement in accordance with 48
C.F.R. 12.212 of the Federal Acquisition Regulations and its successors and 48 C.F.R.
227.7202-1 of the DoD FAR Supplement and its successors.