EULA
TANDBERG Analytics Extension Admin guide
34
NO OTHER WARRANTIES.
TO THE FULLEST EXTENT ALLOWED BY LAW, THE
WARRANTIES AND REMEDIES PROVIDED IN THE LIMITED WARRANTY
SECTION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF
INFORMATION GENERATED, SATISFACTORY QUALITY, AND NON-
INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THESE
DISCLAIMERS OF WARRANTY CONSTITUTE AN ESSENTIAL PART OF THIS
AGREEMENT.
LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT ALLOWED BY LAW,
THE PARTIES EXCLUDE ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR INDIRECT,
CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OF ANY
KIND (INCLUDING DAMAGES FOR INTERRUPTION OF BUSINESS,
PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF PROFITS, OR THE LIKE), EVEN
IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TANDBERG’s MAXIMUM LIABILITY TO LICENSEE FOR DAMAGES ARISING OUT
OF OR RELATING TO THE SOFTWARE, WHETHER BASED IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WILL NOT
EXCEED THE AMOUNTS PAID BY LICENSEE FOR THE PARTICULAR SOFTWARE
GIVING RISE TO THE CAUSE OF ACTION.
THE DISCLAIMERS AND LIMITATIONS OF LIABILITY ABOVE WILL NOT BE
AFFECTED IF ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL
PURPOSE.
GENERAL PROVISIONS.
This License represents the complete agreement
concerning this license, supersedes all prior agreements, and may be amended only
by a writing executed by duly authorized representatives of both parties. The
provisions of any order document used by Licensee shall be of no effect
(notwithstanding any provisions in such order document to the contrary), except for
the number of users, pricing and ship-to information.
Any terms in Licensee‟s order
document which are inconsistent with the terms of this License are not accepted by
TANDBERG and the terms of this License will prevail.
This License is governed by, and is to be interpreted in accordance with the laws of
the State of New York, excluding its conflict of law rules to the contrary. The United
Nations Convention on Contracts for the International Sale of Goods is expressly
disclaimed. If any provision of this Agreement is held by a court of competent
jurisdiction to be invalid under any applicable statute, rule or law, the parties agree
that such invalidity shall not affect the validity of the remaining provisions of this
License, and further agree to substitute for the invalid provision a valid provision
which most closely approximates the intent and economic effect of the invalid
provision.
