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Technical Support & Warranty
p. 280
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL HGST’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN CONNECTION WITH
this Agreement, THE SOFTWARE EXCEED $25. THE FOREGOING LIMITATIONS, EXCLUSIONS AND
DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF
ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
9. U.S. GOVERNMENT RESTRICTED RIGHTS
The Software is “commercial computer software” as defined in 48 CFR 2.101 and is provided with
restricted rights. Use, duplication, or disclosure by the U.S. government is subject to restrictions as
set forth in subparagraph (b)(3)(i) of The Rights in Technical Data and Computer Software clause of
DFARS 272.7202.-3or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted
Rights at 48 CFR 52.227-19, as applicable. The manufacturer is HGST, Inc. 3403 Yerba Buena Road, San
Jose, CA 95135.
10. EXPORT AND IMPORT RESTRICTIONS
HGST makes no representation that the Software is appropriate for use in your country of use.
You acknowledge that no part of the Software or underlying information or technology may be
downloaded or otherwise exported or re-exported into (or to a national or resident of) any countries
subject to U.S. trade embargo (currently Iran, Cuba, Syria, North Korea, and Sudan), or anyone on any
of the U.S. government’s Lists of Parties of Concern including, the U.S. Treasury Department’s list of
Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List and Entity
List. By using the Software, you are agreeing to the foregoing, and are representing and warranting
that you are not located in or under the control of a national or resident of any such country or on
any such list and you agree that you will not use the Software in any activities directly or indirectly
related to the proliferation of weapons of mass destruction, except as authorized under applicable
laws and regulations. You further acknowledge and understand that certain functionality of the
Software, such as encryption or authentication, may be subject to export and import restrictions and
you are responsible for complying with all applicable restrictions and regulatory requirements.
11. INDEMNITY
You hereby agree to indemnify, defend and hold HGST, its Licensors and its and their subsidiaries,
affiliates, officers, directors, employees, consultants and agents harmless from and against any and
all liabilities, damages, claims, fines, fees and expenses (including attorneys’ fees and expenses)
arising out of your use of the Software or any breach of this Agreement by you. HGST reserves the
right, at its own expense, to assume the exclusive defense and control of any matter otherwise