HP Workstation x2000 3Dlabs Wildcat III 6110 user's guide - Page 47

SOFTWARE LICENSE AGREEMENT Limited Warranty 3Dlabs, Inc. warrants that the SOFTWARE AND FEATURES licensed to you under this AGREEMENT will perform in accordance with 3Dlabs, Inc. published specifications for use on the same operating system as used by you at the time of purchase of the SOFTWARE or the system on which the SOFTWARE is initially mounted or installed (WARRANTY) for a period of ninety (90) days after the date of delivery to you as evidenced by your receipt (WARRANTY PERIOD). If the SOFTWARE or FEATURES does not conform during the WARRANTY PERIOD, you agree to provide written notice of such failure to 3Dlabs, Inc. and 3Dlabs, Inc. will, at its sole option, repair or replace the SOFTWARE. 3Dlabs, Inc. does not warrant that the use of the SOFTWARE or FEATURES will be uninterrupted or error- free and hereby disclaims all liability on account thereof. THE REMEDIES PROVIDED HEREIN ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Limited Liability NOTWITHSTANDING ANY PROVISION IN THIS LICENSE TO THE CONTRARY, NEITHER 3DLABS, INC. NOR ITS LICENSORS OR SUPPLIERS WILL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, OR ANY THEORY OF LIABILITY, WHETHER OR NOT 3DLABS, INC., ITS LICENSORS OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL 3DLABS, INC., ITS LICENSORS' OR SUPPLIERS' LIABILITY ARISING UNDER THIS LICENSE EXCEED THE AMOUNT PAID BY YOU [FOR THE PRODUCT OR SOFTWARE] GIVING RISE TO SUCH LIABILITY. THIS LIMITATION IS INTENDED TO LIMIT THE LIABILITY OF 3DLABS, INC., ITS LICENSORS OR ITS SUPPLIERS AND SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES OR COUNTRIES MAY NOT ALLOW THE FOREGOING LIMITATION, SO THE FOREGOING MAY NOT APPLY TO YOU. Restricted Rights Notice Use, duplication or disclosure by the United States Government is subject to restrictions as set forth in subparagraphs ©(1) and ©(2) of the Commercial Computer Software - Restricted Rights clause at FAR Section 52.277-19 or ©(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS Section 252.277-7013, as applicable. Unpublished - rights reserved under the copyright laws of the United States. Contractor: 3Dlabs Inc., Ltd., 480 Potrero Avenue, Sunnyvale, California 94086. Termination You may terminate the license granted hereunder at any time by destroying all copies, [mergers or modifications] of the SOFTWARE, FEATURES and accompanying materials. 3Dlabs, Inc. may immediately terminate the license granted to you hereunder upon notice for failure to comply with the terms and conditions of this AGREEMENT. Upon such termination, you agree to destroy all copies, mergers and modifications of the SOFTWARE and FEATURES and accompanying documents. You agree that a breach of this AGREEMENT will result in irreparable damages to 3Dlabs, Inc. This AGREEMENT is the entire agreement between you and 3Dlabs, Inc. with respect to the use and licensing of the SOFTWARE provided with this AGREEMENT, and supersedes all proposals, warranties, prior agreements or any other communications between the parties relating to the subject matter hereof. 3Dlabs Graphics Accelerator Card User's Guide 41