Navini Networks Ripwave-MX 2.5-2.6 LMX E, User Manual

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Navini Networks, Inc. Ripwave-MX Modem User Guide
ARTICLE 4
4.1 Intellectual Property Indemnifica
INDEMNIFICATIONS AND WARRANTY
tion; Entire Liability. ARTICLE 15 OF THE SUPPLY
AGREEMENT TO WHICH THIS AGREEMENT IS ATTACHED STATES THE ENTIRE
LIABILITY OF NAVINI NETWORKS, I
TH RESPECT TO INFRINGEMENT OF
COPYRIGHTS, TRADE SECRETS, TRADEMARKS, PATENTS, AND OTHER
INTELLECTUAL PROPERTY RIGHTS BY THE LICENSED SOFTWARE,
DOCUMENTATION, OR ANY PARTS THEREOF, AND NAVINI NETWORKS, INC.
SHALL HAVE NO ADDITION
SPECT TO ANY ALLEGED OR
PROVEN INFRINGEMENT.
NC. WI
AL LIABILITY WITH RE
4.2 Warranty. EXCEPT AS GRANTED IN THE BODY OF THE SUPPLY AGREEMENT TO
WHICH THIS LICENSE AGREEMENT IS ATTACHED, THE LICENSED SOFTWARE IS
PROVIDED BY NAVINI NETWORKS, INC. “AS IS” AND WITHOUT WARRANTY OF
ANY KIND OR NATURE, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING
(WITHOUT LIMITATION) THE IMP
ANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITATION OF WARRANTIES WAS A
LIED WARR
MATERIAL FACTOR IN THE ESTABLISHMENT OF THE LICENSE FEE CHARGED FOR
EACH SPECIFIC ITEM OF SOFTWARE LICENSED.
ARTICLE 5
LIMITATION OF LIABILITY
5.1 Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE
LAW, IN NO EVENT SHALL NAVINI NETWORKS, INC. OR ANY THIRD PARTY
INVOLVED IN THE CREATION, PRODUCTION, DELIVERY, OR LICENSING OF THE
SOFTWARE BE LIABLE FOR ANY LOST REVENUES, PROFITS OR DATA OR OTHER
SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES,
HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY, EVEN IF NAVINI
NETWORKS, INC. HAS, OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR
CONSTRUCTIVE, OF THE POSSIBILITY OF SUCH DAMAGES.
5.2 License-Fee Limitation. Except for the indemnification provisions of Article 15, Navini
Networks, Inc.’s maximum liability for damages is limited to the license fees paid by Buyer un
this Agreement for the particular licensed Software that caused the damages.
der
5.3 Loss of Data. Software error can cause a significant loss of data. Navini Networks, Inc. shall not
be responsible for any loss of data. Navini Networks, Inc.’s responsibility is to correct the
Software error as provided in this License Agreement or the Supply Agreement to which it is
attached. It is Licensee’s responsibility to have adequate backup procedures to protect Buyer
from significant loss of valid data.
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