Ripwave Modem User Guide Navini Networks, Inc.
Part #40-00097-00 Rev E v1.0
July 30, 2003
40
re-export the SOFTWARE (i) to any country to which the U.S. has embargoed or restricted the export of
goods or services, which currently include, but are not necessarily limited to, Cuba, Iran, Iraq, Libya,
North Korea, Sudan, and Syria, or to any national of any such country, wherever located, who intends to
transmit or transport the SOFTWARE back to such country; (ii) to any person or entity whom you know
or have reason to know will utilize the SOFTWARE in the design, development, or production of
nuclear, chemical, or biological weapons; or (iii) to any person or entity who has been prohibited from
participating in U.S. export transactions by any federal agency of the U.S. government.
8.
WARRANTY. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NON-INFRINGEMENT, AND ANY WARRANTY AGAINST LATENT DEFECTS. NAVINI
DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR ERROR FREE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING
WHICH SOFTWARE BEST SUITS YOUR NEEDS, FOR INSTALLING THE SOFTWARE, AND
FOR RESULTS OBTAINED. YOU HAVE THE SOLE RESPONSIBILITY FOR INSPECTING AND
TESTING THE SOFTWARE TO YOUR SATISFACTION BEFORE USING THEM WITH
IMPORTANT DATA OR WITH YOUR COMPUTER. NAVINI MAKES NO WARRANTIES OR
REPRESENTATIONS WHATSOEVER REGARDING ANY GOODS OR SERVICES PROVIDED BY
ANY THIRD PARTIES PURSUANT TO YOUR USE OF THE SOFTWARE AND NAVINI SHALL
NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF, EITHER DIRECTLY OR
INDIRECTLY, THE ACTIONS OR INACTIONS OF SUCH THIRD PARTY. IN NO EVENT SHALL
NAVINI NETWORKS, INC. OR ANY THIRD PARTY INVOLVED IN THE CREATION,
PRODUCTION, DELIVERY, OR LICENSING OF THE SOFTWARE BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, GENERAL, PUNITIVE, EXEMPLARY,
AGGRAVATED, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE
POSSIBILITY THEREOF, WHETHER FORESEEABLE OR UNFORESEEABLE, OF ANY KIND
WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS; UNANTICIPATED
BENEFITS OR REVENUE; ANTICIPATED PROFITS; DAMAGES OR COSTS INCURRED AS A
RESULT OF: (i) LOST TIME, DATA, OR USE OF THE SOFTWARE; (ii) HARDWARE FAILURES
FOR ANY REASON; (iii) INCOMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE; (iv)
LOSS OR CLAIMS FROM THIRD PARTIES; OR (v) FROM ANY OTHER CAUSE ARISING OUT
OF USE OF OR INABILITY TO USE THE SOFTWARE, OR CONTRIBUTION OR INDEMNITY IN
RESPECT OF ANY CLAIM RELATED TO THE SOFTWARE. IN ANY EVENT, NAVINI'S
LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THE
SOFTWARE.
