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C-6
Cisco Wireless LAN Controller Configuration Guide
OL-8335-02
Appendix C End User License and Warranty
General Terms Applicable to the Limited Warranty Statement and End User License Agreement
Disclaimer of Warranty
DISCLAIMER OF WARRANTY
EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY,
NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM
A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED
TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED
BY CISCO, ITS SUPPLIERS AND LICENSORS. TO THE EXTENT AN IMPLIED WARRANTY
CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE
EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE
LIMITATION MAY NOT APPLY. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL
RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
JURISDICTION TO JURISDICTION. This disclaimer and exclusion shall apply even if the express
warranty set forth above fails of its essential purpose.
General Terms Applicable to the Limited Warranty Statement
and End User License Agreement
General Terms Applicable to the Limited Warranty Statement and End User License Agreement
Disclaimer of Liabilities. REGARDLESS WHETHER ANY REMEDY SET FORTH HEREIN FAILS
OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL CISCO OR ITS SUPPLIERS
BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR LOST OR DAMAGED DATA, BUSINESS
INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE
THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE
SOFTWARE OR OTHERWISE AND EVEN IF CISCO OR ITS SUPPLIERS OR LICENSORS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Cisco's or its
suppliers' or licensors’ liability to Customer, whether in contract, tort (including negligence), breach of
warranty, or otherwise, exceed the price paid by Customer for the Software that gave rise to the claim or
if the Software is part of another Product, the price paid for such other Product. BECAUSE SOME
STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU.
Customer agrees that the limitations of liability and disclaimers set forth herein will apply regardless of
whether Customer has accepted the Software or any other product or service delivered by Cisco.
Customer acknowledges and agrees that Cisco has set its prices and entered into this Agreement in
reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same
reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its
essential purpose and cause consequential loss), and that the same form an essential basis of the bargain
between the parties.
The Warranty and the End User License shall be governed by and construed in accordance with the laws
of the State of California, without reference to or application of choice of law rules or principles. The
United Nations Convention on the International Sale of Goods shall not apply. If any portion hereof is
found to be void or unenforceable, the remaining provisions of the Agreement shall remain in full force
and effect. Except as expressly provided herein, this Agreement constitutes the entire agreement between