12
attempting to, (a) modify, translate, reverse engineer, decompile,
disassemble, create derivative works based on, license, or
distribute the Firmware or the accompanying documentation; (b)
rent or lease any rights in the Firmware or software or
accompanying documentation in any form to any person; (c)
except as provided in section 5, transfer assign or sublicense right
to any other person or entity, or (d) remove any proprietary notice,
labels, or marks on the Firmware, software, documentation, and
containers.
3. Proprietary Rights.
All rights, title, interest, and all copyrights to
the Firmware, software, documentation, and any copy made by
You remain with Cyberoam. You acknowledge that no title to the
intellectual property in the Firmware and software is transferred to
You and You will not acquire any rights to the Firmware except for
the license as expressly set forth herein.
4. Term and Termination.
Except for evaluation licenses, where
the term is limited per the evaluation agreement, the term of the
license is for the duration of Cyberoam's copyright in the Firmware
and software. Cyberoam may terminate this Agreement
immediately without notice if You breach or fail to comply with any
of the terms and conditions of this Agreement. You agree that,
upon such termination, You will at Cyberoam option either destroy
all copies of the Cyberoam documentation or return all materials to
Cyberoam. The provisions of this Agreement, other than the
license granted in Section 1 ("License Grant"), shall survive
termination.
5. Transfer.
If you are a reseller or distributor of Cyberoam
Products, you may sub-license (not rent or lease) the Firmware or
software to the end user on a permanent basis, provided that: (i)
the end user receives a copy of this Agreement and is bound by its
terms and conditions, (ii) you at all times comply with all applicable
laws and regulations of the Republic of India , and (iii) you agree to
refund any fees paid to you by an end user who purchased
Product(s) from you but does not agree to the terms contained in
this EULA and therefore wishes to return the Product (s) as
provided for in this EULA.
6. Limited Warranty.
Cyberoam provides this limited warranty for
its product only to the person or entity that originally purchased the
Product from: Cyberoam or its authorized reseller or distributor.
The warranty of NetGenie Appliance as well as Adapter starts on
the date of purchase and shall be valid for a period of 12 (twelve)
months in case of the NetGenie Appliance and for a period of 3
(three) months in case of the Adapter thereafter. All warranty
claims must be submitted before the expiration of the warranty
term, i.e. 12 (twelve) months in case of NetGenie Appliance and 3
(three) months in case of Adapter from date of purchase of the
Product. Cyberoam's sole obligation shall be to repair or replace
the defective Product or any part thereof at no charge to the
original owner. This obligation is exclusive of transport fees, labor
or installation costs, and any other cost which are not directly
associated to the Product. Such repair or replacement will be
rendered by Cyberoam at an authorized Cyberoam service facility.
The replacement of the Product or any part thereof need not be
new or of an identical make, model, or part; Cyberoam may, at its
sole discretion, replace the defective Product or any part thereof
with any reconditioned Product that Cyberoam reasonably
determines is substantially equivalent (or superior) in all material
respects to the defective Product or any part thereof. If a material
defect is incapable of correction, or if Cyberoam determines in its
sole discretion, that it is not practical to repair or replace the
defective Product, the price paid by the original purchaser for the
defective Product will be refunded by Cyberoam upon return to
Cyberoam of the defective Product. In such case, the license
granted herein in respect of any Software for which a refund is
given shall be terminated automatically. The Product or any part
thereof that is replaced by Cyberoam, or for which the purchase
price is refunded, shall become the property of Cyberoam upon
replacement or refund.
7. Disclaimer of Other Warranties and Restrictions.
EXCEPT
FOR THE LIMITED WARRANTY SPECIFIED IN SECTION 6
ABOVE, THE PRODUCT IS PROVIDED "AS IS" WITHOUT ANY
WARRANTY OF ANY KIND INCLUDING, WITHOUT
LIMITATION, ANY WARRANTY OF MERCHANTABILITY,
F I T N E S S F O R A PA R T I C U L A R P U R P O S E A N D
NONINFRINGEMENT. IF ANY IMPLIED WARRANTY CANNOT
BE DISCLAIMED IN ANY TERRITORY WHERE A PRODUCT IS
SOLD, THE DURATION OF SUCH IMPLIED WARRANTY SHALL
BE LIMITED TO NINETY (90) DAYS. EXCEPT AS EXPRESSLY
COVERED UNDER THE LIMITED WARRANTY PROVIDED
HEREIN, THE ENTIRE RISK AS TO THE QUALITY, SELECTION
AND PERFORMANCE OF THE PRODUCT IS WITH THE
PURCHASER OF THE PRODUCT.
The above warranty does not apply if the Software, Product or any
other equipment upon which the Software is authorized to be used
(a) has been altered, except by Cyberoam or its authorized
representative, (b) has not been installed, operated, repaired, or
maintained in accordance with instructions supplied by Cyberoam,
(c) has been subjected to abnormal physical or electrical stress,
misuse, negligence, or accident; or (d) is licensed, for beta,
evaluation, testing or demonstration purposes for which
Cyberoam does not charge a purchase price or license fee.
8. Governing Law.
This Warranty shall be governed by the laws of
the Republic of India. Some jurisdictions do not allow exclusion or
limitation of incidental or consequential damages, or limitations on
how long an implied warranty lasts, so the foregoing limitations
and exclusions may not apply. This limited warranty provides
specific legal rights and the product owner may also have other
rights which vary from state to state.
9. Limitation of Liability.
TO THE MAXIMUM EXTENT
PERMITTED BY LAW, CYBEROAM IS NOT LIABLE UNDER ANY
C O N T R A C T, N E G L I G E N C E , S T R I C T L I A B I L I T Y,
INFRINGEMENT OR OTHER LEGAL OR EQUITABLE THEORY
FOR ANY LOSS OF USE OF THE PRODUCT, INCONVENIENCE
OR DAMAGES OF ANY CHARACTER, WHETHER DIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
COMPUTER SECURITY BREACH, COMPUTER VIRUS
INFECTION, LOSS OF INFORMATION OR DATA CONTAINED
IN, STORED ON, OR INTEGRATED WITH ANY PRODUCT
RETURNED TO CYBEROAM FOR WARRANTY SERVICE)
RESULTING FROM THE USE OF THE PRODUCT, RELATING
TO WARRANTY SERVICE, OR ARISING OUT OF ANY BREACH
OF THIS LIMITED WARRANTY, EVEN IF CYBEROAM HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SOLE REMEDY FOR A BREACH OF THE FOREGOING
LIMITED WARRANTY IS REPAIR, REPLACEMENT OR
REFUND OF THE DEFECTIVE OR NONCONFORMING
PRODUCT AS SPECIFICALLY STATED IN SECTION 6 ABOVE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO IMPLIED
WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, APPLIES TO THE PRODUCT AFTER THE
APPLICABLE PERIOD OF EXPRESS LIMITED WARRANTY
STATED ABOVE, AND NO OTHER EXPRESS WARRANTY OR
QUARNTY, EXCEPT AS MENTIONED ABOVE.
10. Tax Liability.
You agree to be liable and responsible for the
payment of all taxes imposed at any time whatsoever on this
transaction.
11. General Provisions.
Customer shall not assign this
Agreement or transfer any of the rights or obligations under this
Agreement without the prior written consent of Cyberoam. This
Agreement shall be binding upon, and insure to the benefit of, the
successors and permitted assigns of the parties. This Agreement
