SD4008 Quick Start (520007 Rev 2.2)
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EXPORT RESTRICTIONS
. You agree that you will not export or re-export the Software, any part thereof, or any process or service that is the direct
product of the Software in violation of any applicable laws or regulations of the United States or the country in which you obtained them.
U.S. GOVERNMENT RESTRICTED RIGHTS
. The Software and related documentation are provided with Restricted Rights. Use, duplication, or
disclosure by the Government is subject to restrictions set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software – Restricted Rights at 48 C.F.R. 52.227-19,
as applicable, or any successor regulations.
TERM AND TERMINATION
. This EULA is effective until terminated. The EULA terminates immediately if you fail to comply with any term or
condition. In such an event, you must destroy all copies of the Software. You may also terminate this EULA at any time by destroying the Software.
GOVERNING LAW AND ATTORNEY’S FEES
. This EULA is governed by the laws of the State of Utah, USA, excluding its conflict of law rules.
You agree that the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety and does not apply
to this EULA. If you acquired this Software in a country outside of the United States, that country’s laws may apply. In any action or suit to enforce
any right or remedy under this EULA or to interpret any provision of this EULA, the prevailing party will be entitled to recover its costs, including
reasonable attorneys’ fees.
ENTIRE AGREEMENT
. This EULA constitutes the entire agreement between you and Opengear with respect to the Software, and supersedes all
other agreements or representations, whether written or oral. The terms of this EULA can only be modified by express written consent of both
parties. If any part of this EULA is held to be unenforceable as written, it will be enforced to the maximum extent allowed by applicable law, and will
not affect the enforceability of any other part.
Should you have any questions concerning this EULA, or if you desire to contact Opengear for any reason, please contact the Opengear
representative serving your company.
THE FOLLOWING DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY IS INCORPORATED INTO THIS EULA BY REFERENCE. THE
SOFTWARE IS NOT FAULT TOLERANT. YOU HAVE INDEPENDENTLY DETERMINED HOW TO USE THE SOFTWARE IN THE DEVICE, AND
OPENGEAR HAS RELIED UPON YOU TO CONDUCT SUFFICIENT TESTING TO DETERMINE THAT THE SOFTWARE IS SUITABLE FOR
SUCH USE.
LIMITED WARRANTY
Opengear warrants the media containing the Software for a period of ninety (90) days from the date of original purchase from
Opengear or its authorized retailer. Proof of date of purchase will be required. Any updates to the Software provided by Opengear (which may be
provided by Opengear at its sole discretion) shall be governed by the terms of this EULA. In the event the product fails to perform as warranted,
Opengear’s sole obligation shall be, at Opengear’s discretion, to refund the purchase price paid by you for the Software on the defective media, or to
replace the Software on new media. Opengear makes no warranty or representation that its Software will meet your requirements, will work in
combination with any hardware or application software products provided by third parties, that the operation of the software products will be
uninterrupted or error free, or that all defects in the Software will be corrected.
OPENGEAR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OTHER THAN AS STATED HEREIN, THE
ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. ALSO, THERE IS NO
WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT. IF YOU HAVE
RECEIVED ANY WARRANTIES REGARDING THE DEVICE OR THE SOFTWARE, THOSE WARRANTIES DO NOT ORIGINATE FROM, AND
ARE NOT BINDING ON, OPENGEAR.
NO LIABILITY FOR CERTAIN DAMAGES. EXCEPT AS PROHIBITED BY LAW, OPENGEAR SHALL HAVE NO LIABILITY FOR COSTS, LOSS,
DAMAGES OR LOST OPPORTUNITY OF ANY TYPE WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOST OR ANTICIPATED PROFITS,
LOSS OF USE, LOSS OF DATA, OR ANY INCIDENTAL, EXEMPLARY SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER UNDER
CONTRACT, TORT, WARRANTY OR OTHERWISE ARISING FROM OR IN CONNECTION WITH THIS EULA OR THE USE OR PERFORMANCE
OF THE SOFTWARE. IN NO EVENT SHALL OPENGEAR BE LIABLE FOR ANY AMOUNT IN EXCESS OF THE LICENSE FEE PAID TO
OPENGEAR UNDER THIS EULA. SOME STATES AND COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
OPENGEAR WARRANTY
STANDARD WARRANTY
Opengear, Inc., its parent, affiliates and subsidiaries, (collectively, "Opengear")warrant your Opengear product to be in good working order and to be
free from defects in workmanship and material (except in those cases where the materials are supplied by the Purchaser) under normal and proper
use and service for the period of one (1) year from the date of original purchase from an Authorized Opengear reseller. In the event that this product
fails to meet this warranty within the applicable warranty period, and provided that Opengear confirms the specified defects, Purchaser's sole remedy
is to have Opengear, in Opengear's sole discretion, repair or replace such product at the place of manufacture, at no additional charge other than the
cost of freight of the defective product to and from the Purchaser. Repair parts and replacement products will be provided on an exchange basis and
will be either new or reconditioned. Opengear will retain, as its property, all replaced parts and products. Notwithstanding the foregoing, this
hardware warranty does not include service to replace or repair damage to the product resulting from accident, disaster, abuse, misuse, electrical
stress, negligence, any non- Opengear modification of the product except as provided or explicitly recommended by Opengear, or other cause not
arising out of defects in material or workmanship. This hardware warranty also does not include service to replace or repair damage to the product if
the serial number or seal or any part thereof has been altered, defaced or removed. If Opengear does not find the product to be defective, the
Purchaser will be invoiced for said inspection and testing at Opengear's then current rates, regardless of whether the product is under warranty.
LIMITATION OF LIABILITY
No action, regardless of form, arising from this warranty may be brought by either party more than two (2) years after the cause of action has
occurred. Purchaser expressly agrees that Opengear's liability, if any, shall be limited solely to the replacement or repair of the product in
accordance with the warranties specifically and expressly set forth herein. The remedies of the Purchaser are the exclusive and sole remedies
available, and, in the event of a breach or repudiation of any provision of this agreement by Opengear, the Purchaser shall not be entitled to receive
any incidental damages as that term is defined in Section 2-715 of the Uniform Commercial Code. Opengear waives the benefit of any rule that
disclaimer of warranty shall be construed against Opengear and agrees that such disclaimers herein shall be construed liberally in favor of
Opengear.
THE FOREGOING WARRANTIES ARE THE SOLE ANDEXCLUSIVE WARRANTIES GIVEN IN CONNECTION WITH THE PRODUCT AND THE
HARDWARE. OPENGEAR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY
WARRANTIES AS TO THE SUITABILITY OR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND NONINFRINGEMENT
OF THIRD PARTY RIGHTS. OPENGEAR DOES NOT PROMISE THAT THE PRODUCT IS ERROR-FREE OR WILL OPERATE WITHOUT
INTERRUPTION. IN NO EVENT SHALL OPENGEAR BE LIABLE FOR ANY LOST OR ANTICIPATED PROFITS, OR ANY INCIDENTAL,
EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER OPENGEAR WAS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
