282
Communication statements
5.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR
OTHERWISE, SHALL RED HAT, PRINTRONIX, ANY OTHER
CONTRIBUTOR, OR ANY DISTRIBUTOR OF THE EMBEDDED
SOFTWARE, OR ANY PART THEREOF, OR ANY SUPPLIER OF ANY OF
SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
ANY CHARACTER 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 SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTY’S NEGLIGENCE TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THAT EXCLUSION
AND LIMITATION MAY NOT APPLY TO YOU.
6.
Red Hat Statement With Regards to eCos Software
Part of the software embedded in this product is eCos – Embedded
Configurable Operating System, a trademark of Red Hat. Portions created by
Red Hat are Copyright (C) 1998, 1999, 2000 Red Hat, Inc.
(http://www.redhat.com). All Rights Reserved.
THE SOFTWARE IN THIS PRODUCT WAS IN PART PROVIDED BY RED
HAT AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT ABILITY
AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO
EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OR SUBSTITUTE
GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY
OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBLITY OF SUCH DAMAGE.
7.
U.S. Government Users
The Embedded Software is a “commercial item,” as that term is defined in 48
C.F.R. 2.101 (Oct 1995), consisting of “commercial computer software” and
“commercial computer software documentation,” as such terms are used in
48 C.F.R 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48
C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End
Users acquire Covered Code with only those rights set forth herein.
8.
Miscellaneous
This Agreement represents the complete agreement concerning subject
matter hereof. If any provision of this Agreement is held to be unenforceable.
This Agreement shall be governed by California law provisions (except to the
extent applicable law, if any, provides otherwise), excluding its conflict-of-law
provisions.
