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Chapter III. Appendix
Chelsio Unified Wire for Windows 53
material or workmanship under normal use and service for a period of thirty (30) days
from the date of delivery to you.
CHELSIO DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING
THE SOFTWARE OR ANY PART THEREOF. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, CHELSIO
MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of implied
warranties or limitations on how long an implied warranty may last, so the above
limitations may not apply to you. This warranty gives you specific legal rights and you
may also have other rights which vary from state to state.
7. Remedy for Breach of Warranty. The sole and exclusive liability of Chelsio and its
distributors, and your sole and exclusive remedy, for a breach of the above warranty,
shall be the replacement of any media furnished by Chelsio not meeting the above limited
warranty and which is returned to Chelsio. If Chelsio or its distributor is unable to
deliver replacement media which is free from defects in materials or workmanship, you
may terminate this Agreement by returning the Software.
8. Limitation of Liability. IN NO EVENT SHALL CHELSIO HAVE ANY LIABILITY TO YOU OR ANY
THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE LICENSE
OR USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR LOSS OF ANTICIPATED
PROFITS, EVEN IF CHELSIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL CHELSIO'S LIABILITY ARISING OUT OF OR RELATED TO THE LICENSE OR USE OF THE
SOFTWARE EXCEED THE AMOUNTS PAID BY YOU FOR THE LICENSE GRANTED HEREUNDER. THESE
LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY.
9. High Risk Activities. The Software is not fault-tolerant and is not designed,
manufactured or intended for use or resale as online equipment control equipment in
hazardous environments requiring fail-safe performance, such as in the operation of
nuclear facilities, aircraft navigation or communication systems, air traffic control,
direct life support machines, or weapons systems, in which the failure of the Software
could lead directly to death, personal injury, or severe physical or environmental
damage. Chelsio specifically disclaims any express or implied warranty of fitness for
any high risk uses listed above.
10. Export. You acknowledge that the Software is of U.S. origin and subject to U.S.
export jurisdiction. You acknowledge that the laws and regulations of the United States
and other countries may restrict the export and re-export of the Software. You agree
that you will not export or re-export the Software or documentation in any form in
violation of applicable United States and foreign law. You agree to comply with all
applicable international and national laws that apply to the Software, including the
U.S.
Export Administration Regulations, as well as end-user, end-use, and destination
restrictions issued by U.S. and other governments.
11. Government Restricted Rights. The Software is subject to restricted rights as
follows. If the Software is acquired under the terms of a GSA contract: use, reproduction
or disclosure is subject to the restrictions set forth in the applicable ADP Schedule
contract. If the Software is acquired under the terms of a DoD or civilian agency
contract, use, duplication or disclosure by the Government is subject to the
restrictions of this Agreement in accordance with 48 C.F.R. 12.212 of the Federal