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Appendix B Open Software Announcements
X6004 User’s Guide
315
COURT OF COMPETENT JURISDICTION, THEN ALL EXPRESS AND IMPLIED
WARRANTIES SHALL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30)
DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE, AND NO
WARRANTIES SHALL APPLY AFTER THAT PERIOD.
7.Limitation of Liability
IN NO EVENT WILL ZyXEL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF
BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF ZyXEL
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZyXEL'S
AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS
AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND
DOCUMENTATION OR OTHERWISE SHALL BE EQUAL TO THE PURCHASE PRICE,
BUT SHALL IN NO EVENT EXCEED AMOUNT YOU PURCHASE THE PRODUCT.
BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8.Export Restrictions
THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY
APPLICABLE LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE
EXPORT OF THE SOFTWARE OR INFORMATION ABOUT SUCH SOFTWARE
WHICH MAY BE IMPOSED FROM TIME TO TIME. YOU SHALL NOT EXPORT THE
SOFTWARE, DOCUMENTATION OR INFORMATION ABOUT THE SOFTWARE AND
DOCUMENTATION WITHOUT COMPLYING WITH SUCH LAWS, REGULATIONS,
ORDERS, OR OTHER RESTRICTIONS. YOU AGREE TO INDEMNIFY ZyXEL
AGAINST ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES,
INCLUDING REASONABLE ATTORNEYS' FEES, TO THE EXTENT SUCH CLAIMS
ARISE OUT OF ANY BREACH OF THIS SECTION 8.
9.Audit Rights
ZyXEL SHALL HAVE THE RIGHT, AT ITS OWN EXPENSE, UPON REASONABLE
PRIOR NOTICE, TO PERIODICALLY INSPECT AND AUDIT YOUR RECORDS TO
ENSURE YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS
LICENSE AGREEMENT.
10.Termination
This License Agreement is effective until it is terminated. You may terminate this License
Agreement at any time by destroying or returning to ZyXEL all copies of the Software and
Documentation in your possession or under your control. ZyXEL may terminate this License
Agreement for any reason, including, but not limited to, if ZyXEL finds that you have violated
any of the terms of this License Agreement. Upon notification of termination, you agree to
destroy or return to ZyXEL all copies of the Software and Documentation and to certify in
writing that all known copies, including backup copies, have been destroyed. All provisions
relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination
of this Software License Agreement.
12.General