TallyGenicom 6605, User Manual

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Appendix G
Software License Agreement
4. Conflicting Terms
You agree that this Agreement provides you no more rights with regards to
warranty, support, indemnity or liability terms with respect to Red Hat, Inc.,
TallyGenicom Inc, or any contributor to the Embedded Software than that
provided by the Red Hat eCos Public License v.1.1 or any express warranty
that may be made by TallyGenicom, Inc.
5. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR
OTHERWISE, SHALL RED HAT, TALLYGENICOM, 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. 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.
7. Miscellaneous
This Agreement represents the complete agreement concerning subject
matter hereof. If any provision of this Agreement is held to be unenforceable,
such provision shall be reformed only to the extent necessary to make it
enforceable. 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.