Iridium AxcessPoint, User Manual

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Page 10 of 17 Iridium AxcessPoint Connect User Manual
7. Disclaimer of Warranty. THE PRODUCT IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY
OR CONDITION OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE
OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-­‐INFRINGING. THE ENTIRE
RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS BORNE BY LICENSEE. SHOULD
THE PRODUCT PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT LICENSOR OR ITS SUPPLIERS
OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. IN ADDITION, THE
SECURITY MECHANISMS IMPLEMENTED BY THE PRODUCT HAVE INHERENT LIMITATIONS, AND
LICENSEE MUST DETERMINE THAT THE PRODUCT SUFFICIENTLY MEETS ITS REQUIREMENTS. THIS
DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF
THE PRODUCT IS AUTHORIZED UNDER THIS AGREEMENT EXCEPT UNDER THIS DISCLAIMER.
8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE
PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE
LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) ON WHICH THE CLAIM IS BASED.
IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL
NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY)
AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY THE LICENSOR UNDER A SEPARATE
SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY
THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF
DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE
APPLICABLE. THE LICENSOR IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT
PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR
ANY MATERIAL LINKED THROUGH SUCH CONTENT.
9. Export Controls. The Product is subject to export control regulations in some countries and may
require authorization before Licensee export it beyond Licensee's location or arranges for it to be re-­‐
exported from there. Licensor cannot know all destinations, users, and transactions that Licensee may
engage in and accordingly cannot be responsible for Licensee's export control compliance. Licensor
agrees to provide any information Licensee may need to comply with applicable export control laws,
but it is Licensee's responsibility to do so. This obligation is independent of this Agreement and
survives the termination of this Agreement. Licensee agrees to indemnify and hold Licensor harmless
from and against any liability (including fines or legal fees) incurred by Licensor with respect to any of
Licensee's export or re-­‐export activities. Nothing in this Section 9 grants rights in the Product not
expressly granted in other provisions of this Agreement.
10. High Risk Activities. The Product is not fault-­‐tolerant and is not designed, manufactured or
intended for use or resale as on-­‐line control equipment in hazardous environments requiring fail-­‐safe
performance, such as in the operation of nuclear facilities, aircraft navigation or communication
systems, air traffic control, direct life support machines or weapons systems, in which the failure of
the Product could lead directly to death, personal injury or severe physical or environmental damage
("High Risk Activities"). Accordingly, Licensor and its suppliers specifically disclaim any express or
implied warranty of fitness for High Risk Activities. Licensee agrees that Licensor and its suppliers will
not be liable for any claims or damages arising from the use of the Product in such applications.