22-6
BWX 120 PCMCIA Modem User Guide
OL-16321-03
Chapter 22 End User License Agreement
IF YOU ACQUIRED THIS SOFTWARE IN EUROPE, THE MIDDLE EAST, AFRICA, ASIA OR OCEANIA,
IN NO EVENT WILL CISCO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
SUPPLIERS AND LICENSORS, BE LIABLE FOR ANY LOST REVENUE, LOST PROFIT, OR LOST OR
DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, HOWSOEVER ARISING , INCLUDING,
WITHOUT LIMITATION, IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR WHETHER
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF, IN EACH CASE,
CISCO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND
LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT
SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT FULLY APPLY
TO YOU. THE FOREGOING WAIVER SHALL NOT APPLY TO ANY LIABILITY ARISING OUT OF OR
IN CONNECTION WITH: (I) DEATH OR PERSONAL INJURY, (II) FRAUDULENT
MISREPRESENTATION, OR (III) CISCO’S LIABILITY IN CONNECTION WITH ANY TERMS THAT
CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
For all countries and regions referred to above, Customer agrees that the limitations of liability and disclaimers
set forth herein will apply regardless of whether Customer has accepted the Software or any other product or
service delivered by Cisco. Customer acknowledges and agrees that Cisco has set its prices and entered into the
Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the
same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its
essential purpose and cause consequential loss), and that the same form an essential basis of the bargain
between the parties.
Controlling Law, Jurisdiction. If you acquired this Software in the United States, Latin America, or the
Caribbean, the Agreement and Hardware and Software warranties (“Warranties”) are controlled by and
construed under the laws of the State of California, United States of America, notwithstanding any conflicts of
law provisions; and the state and federal courts of California shall have exclusive jurisdiction over any claim
arising under the Agreement or Warranties. If you acquired this Software in Canada, unless expressly prohibited
by local law, the Agreement and Warranties are controlled by and construed under the laws of the Province of
Ontario, Canada, notwithstanding any conflicts of law provisions; and the courts of the Province of Ontario
shall have exclusive jurisdiction over any claim arising under the Agreement or Warranties. If you acquired this
Software in Europe, the Middle East, Africa, Asia or Oceania (excluding Australia), unless expressly prohibited
by local law, the Agreement and Warranties are controlled by and construed under the laws of England,
notwithstanding any conflicts of law provisions; and the English courts shall have exclusive jurisdiction over
any claim arising under the Agreement or Warranties. In addition, if this Agreement is controlled by the laws of
England, no person who is not a party to this Agreement shall be entitled to enforce or take the benefit of any of
its terms under the Contracts (Rights of Third Parties) Act 1999. If you acquired this Software in Japan, unless
expressly prohibited by local law, the Agreement and Warranties are controlled by and construed under the
laws of Japan, notwithstanding any conflicts of law provisions; and the Tokyo District Court of Japan shall
have exclusive jurisdiction over any claim arising under the Agreement or Warranties. If you acquired this
Software in Australia, unless expressly prohibited by local law, the Agreement and Warranties are controlled by
and construed under the laws of the State of New South Wales, Australia, notwithstanding any conflicts of law
provisions; and the State and federal courts of New South Wales shall have exclusive jurisdiction over any claim
arising under the Agreement or Warranties. If you acquired this Software in any other country, unless expressly
prohibited by local law, the Agreement and Warranties are controlled by and construed under the laws of the
State of California, United States of America, notwithstanding any conflicts of law provisions; and the state and
federal courts of California shall have exclusive jurisdiction over any claim arising under the Agreement or
Warranties.
For all countries referred to above, the parties specifically disclaim the application of the UN Convention on
Contracts for the International Sale of Goods. Notwithstanding the foregoing, either party may seek interim
