Dell DX6004S DX Object Storage OSS License Notices for 3rd Party Software - Page 11

THE SOFTWARE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO LICENSEE. 5. Termination This License Agreement will automatically terminate upon a material breach of its terms and conditions. 6. Third Party Rights Any software or documentation in source or binary form provided along with the Software that is associated with a separate license agreement is licensed to Licensee under the terms of that license agreement. This License Agreement does not apply to those portions of the Software. Copies of the third party licenses are included in the Software Distribution. 7. General Nothing in this License Agreement affects any statutory rights of consumers that cannot be waived or limited by contract. Nothing in this License Agreement shall be deemed to create any relationship of agency, partnership, or joint venture between eGenix.com and Licensee. If any provision of this License Agreement shall be unlawful, void, or for any reason unenforceable, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or, if no such modification is possible, be severed from this License Agreement and shall not affect the validity and enforceability of the remaining provisions of this License Agreement. This License Agreement shall be governed by and interpreted in all respects by the law of Germany, excluding conflict of law provisions. It shall not be governed by the United Nations Convention on Contracts for International Sale of Goods. This License Agreement does not grant permission to use eGenix.com trademarks or trade names in a trademark sense to endorse or promote products or services of Licensee, or any third party. The controlling language of this License Agreement is English. If Licensee has received a translation into another language, it has been provided for Licensee's convenience only. 8. Agreement By downloading, copying, installing or otherwise using the Software, Licensee agrees to be bound by the terms and conditions of this License Copyright © 2010 Caringo, Inc. All rights reserved 8 Version 5.0 December 2010