Interphase iSPAN 5535 PRI User Manual Download Page 9

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responsible for any transportation costs, unless expressly authorized in writing by Seller.
This warranty does not cover damage to the Product resulting from accident, disaster,
misuse, negligence, improper maintenance, or modification or repair of the Product other
than by Seller. Any Products or software replaced by Seller will become the property of
Seller.
REMEDIES AND EXCLUSIONS. THE SOLE LIABILITY OF SELLER AND
BUYER’S SOLE REMEDY FOR BREACH OF THESE WARRANTIES SHALL BE
LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCTS OR
CORRECTION OF THAT PART OF THE SOFTWARE, WHICH FAILS TO
CONFORM TO THESE WARRANTIES. EXCEPT AS EXPRESSLY STATED
HEREIN, AND EXCEPT AS TO TITLE, THERE ARE NO OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR ANY PARTICULAR PURPOSE, IN CONNECTION WITH OR
ARISING OUT OF ANY PRODUCT OR SOFTWARE PROVIDED TO BUYER.
IN NO EVENT SHALL SELLER HAVE ANY LIABILITY FOR INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THESE
WARRANTIES, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED
PROFITS, LOSS OF DATA, USE OR GOODWILL, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. (IC-199, 1/97)

Limitation of Liability:

NEITHER INTERPHASE NOR ITS LICENSORS SHALL BE

LIABLE FOR ANY GENERAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR
OTHER DAMAGES ARISING OUT OF THIS AGREEMENT EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.

Confidentiality:

The Software is copyrighted and contains proprietary and confidential

trade secret information of Interphase and its vendors. Licensee agrees to maintain the
Software in confidence and not to disclose the Software to any third party without the
express written consent of Interphase. Licensee further agrees to take all reasonable
precautions to prevent access to the Software by unauthorized persons.

Termination:

Without prejudice to any other rights, Interphase may terminate this

Agreement if you fail to comply with any term or condition of the Agreement. In such
event you must destroy the Software together with all copies, updates, or modifications
thereof.

Export:

You agree to comply with all export and re-export restrictions and regulations

of the U.S. Department of Commerce or other applicable U.S. agency. You must not
transfer the Software to a prohibited country or otherwise violate any such restrictions or
regulations.

U.S. Government Restricted Rights:

Use, duplication, or disclosure of the Software to

or by the U.S. Government is subject to restrictions as set forth in the applicable U.S.
federal procurement regulations covering commercial/restricted rights software. You are
responsible for complying with the notice requirements contained in such regulations.

General:

You acknowledge that you have read and understand this Agreement, and by

installing and using the Software you agree to be bound by the terms and conditions
herein. You further agree that this is the complete and exclusive Agreement between
Interphase and yourself. No variation of the terms of this Agreement or any different
terms will be enforceable against Interphase unless agreed to in writing by Interphase and
yourself. The validity of this Agreement and the rights, obligations, and relations of the
parties hereunder shall be determined under the substantive laws of the State of Texas. If