Appendix B: Software License
Plextor Manager 2000 User’s Manual
59
5. Limitation of Liability: IN NO EVENT WILL PLEXTOR BE LIABLE TO
YOU FOR ANY SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS,
LOST SAVINGS OR OTHER INCIDENTALS OR CONSEQUENTIAL
DAMAGES, EVEN IF PLEXTOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
OTHER PARTY. Some states do not allow the exclusion or limitation of special,
incidental, or consequential damages, so the above limitation may not apply to
you.
6. Limitation of Remedies. Plextor’s entire liability and your exclusive remedy
shall be:
a) The replacement of any disk not meeting Plextor’s limited warranty which is
returned to Plextor; or
b) If Plextor or its distributor is unable to deliver replacement media which is
free of defects in materials or workmanship, you may terminate this Agreement
by returning the Software and your money will be refunded.
7. Export. You acknowledge that the laws and regulations of the United States
restrict the export and re-export of the Software. You agree that you will not
export or re-export the Software in any form without the appropriate United
States and foreign government approval.
8. U.S. Government Restricted Rights Legend for Units of the DoD. Use,
duplication or disclosure by the Government is subject to restrictions as set forth
in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software
clause at 252.227-7013. Plextor Corp., 4255 Burton Drive, Santa Clara, CA
95054.
9. U.S. Government Restricted Rights Legend for Civilian Agencies. Use,
reproduction or disclosure is subject to restrictions as set forth in subparagraphs
(a) through (d) of the Commercial Computer Software - Restricted Rights clause
at 52.227-19 and the limitations set forth in this standard commercial agreement
for this software. Unpublished rights reserved under the copyright laws of the
United States.
