2Wire HomePortal 1500CW, Руководство пользователя

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Regulatory Information
conform to 2Wire’s then-published specifications; (ii) replace the Product with a Product meeting such published Product specifications;
or (iii) accept return of the Product and refund to Licensee the fees with respect to such Product. The warranties set forth herein shall
become void: (i) at the expiration of the warranty period; (ii) if the Product has been modified or altered in any way; (iii) if the defect is the
result of an event after delivery to the Licensee; (iv) if Licensee is in breach of any agreement with 2Wire; (v) has not been installed,
operated, repaired or maintained in accordance with any installation, handling, maintenance, or operating instructions supplied by 2Wire;
(vi) has been subjected to unusual physical or electrical stress, misuse, negligence, or accident; (vii) is used in ultra-hazardous activities;
(viii) has been used in such a way that 2Wire cannot reasonably reproduce the software error; or (ix) has been misapplied. This warranty
covers only problems reported to 2Wire during the warranty period in connection with nonconforming Products returned to 2Wire in
accordance with 2Wire’s then current warranty return procedures. Product support beyond the warranty period may be available at
additional cost and subject to 2Wire’s standard support terms. ANY LIABILITY OF 2Wire WITH RESPECT TO A PRODUCT OR THE
PERFORMANCE THEREOF UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY WILL BE
LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR, IF REPLACEMENT IS INADEQUATE AS A REMEDY OR, IN
2Wire’s OPINION, IMPRACTICAL, TO REFUND OF THE LICENSE FEE. EXCEPT FOR THE FOREGOING, ALL PRODUCTS
ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. FURTHER, COMPANY DOES
NOT WARRANT RESULTS OF USE OR THAT THE PRODUCTS ARE BUG FREE OR THAT THEIR USE WILL BE
UNINTERRUPTED. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply
to you.
7. Limitation of Liability. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, AND EXCEPT FOR
BODILY INJURY, THE COMPANY AND ITS LICENSORS SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO THE
SUBJECT MATTER OF THIS AGREEMENT OR UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER
LEGAL OR EQUITABLE THEORY (i) FOR ANY AMOUNTS IN EXCESS IN THE AGGREGATE OF THE FEES PAID TO IT
HEREUNDER WITH RESPECT TO THE APPLICABLE PRODUCT DURING OR PRIOR TO THE CAUSE OF ACTION; OR (ii)
FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES OR RIGHTS; (iii) FOR ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES; (iv) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR
(v) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation and exclusions may not apply to you.
8. Miscellaneous. This Agreement and the licenses granted hereunder are assignable or transferable by Licensee only in conjunction with
the sale and transfer of the 2Wire HomePortal within which the software was first delivered. 2Wire may assign this Agreement in whole or
in part. Any notice, report, approval or consent required or permitted hereunder shall be in writing. Licensee hereby represents that
Licensee is not an agency, department or other entity of the United States Government. If this license is acquired under a U.S. Government
contract, use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in FAR subparagraphs 52.227.19 (a) and
(d) for civilian agency contracts and DFARS 252.227-7013@(ii) for Department of Defense contracts. No failure or delay in exercising
any right hereunder will operate as a waiver thereof, nor will any partial exercise of any right or power hereunder preclude further exercise.
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision
shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and
enforceable. This Agreement shall be deemed to have been made in, and shall be construed pursuant to the laws of, the State of California
and the United States without regard to conflicts of laws or provisions thereof, and without regard to the United Nations Convention on the
International Sale of Goods. Any waivers or amendments shall be effective only if made in writing. This Agreement is the complete and
exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and
communications relating to the subject matter of this Agreement. The prevailing party in any action to enforce this Agreement will be
entitled to recover its attorney’s fees and costs in connection with such action. Licensee represents that it is not a government agency and it
is not acquiring the license pursuant to a government contract or with government funds.