Navini Networks Ripwave MX Surfer, Руководство пользователя

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Navini Networks, Inc. Ripwave MX Surfer Modem User Guide
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English_Surfer_User_Guide_2007-05-04_40-00444-00Ra(6.X)
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ARTICLE 4
INDEMNIFICATIONS AND WARRANTY
4.1 Intellectual Property Indemnification; Entire Liability. ARTICLE 15 OF THE SUPPLY
AGREEMENT TO WHICH THIS AGREEMENT IS ATTACHED STATES THE ENTIRE
LIABILITY OF NAVINI NETWORKS, INC. WITH RESPECT TO INFRINGEMENT OF
COPYRIGHTS, TRADE SECRETS, TRADEMARKS, PATENTS, AND OTHER
INTELLECTUAL PROPERTY RIGHTS BY THE LICENSED SOFTWARE,
DOCUMENTATION, OR ANY PARTS THEREOF, AND NAVINI NETWORKS, INC.
SHALL HAVE NO ADDITIONAL LIABILITY WITH RESPECT TO ANY ALLEGED OR
PROVEN INFRINGEMENT.
4.2 Warranty. EXCEPT AS GRANTED IN THE BODY OF THE SUPPLY AGREEMENT TO
WHICH THIS LICENSE AGREEMENT IS ATTACHED, THE LICENSED SOFTWARE IS
PROVIDED BY NAVINI NETWORKS, INC. “AS IS” AND WITHOUT WARRANTY OF
ANY KIND OR NATURE, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING
(WITHOUT LIMITATION) THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITATION OF
WARRANTIES WAS A MATERIAL FACTOR IN THE ESTABLISHMENT OF THE
LICENSE FEE CHARGED FOR EACH SPECIFIC ITEM OF SOFTWARE LICENSED.
ARTICLE 5
LIMITATION OF LIABILITY
5.1 Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY THE
APPLICABLE LAW, IN NO EVENT SHALL NAVINI NETWORKS, INC. OR ANY
THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, DELIVERY, OR
LICENSING OF THE SOFTWARE BE LIABLE FOR ANY LOST REVENUES, PROFITS
OR DATA OR OTHER SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF
LIABILITY, EVEN IF NAVINI NETWORKS, INC. HAS, OR SHOULD HAVE HAD ANY
KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, OF THE POSSIBILITY OF SUCH
DAMAGES.
5.2 License-Fee Limitation. Except for the indemnification provisions of Article 15, Navini
Networks, Inc.’s maximum liability for damages is limited to the license fees paid by Buyer
under this Agreement for the particular licensed Software that caused the damages.
5.3 Loss of Data. Software error can cause a significant loss of data. Navini Networks, Inc. shall
not be responsible for any loss of data. Navini Networks, Inc.’s responsibility is to correct the
Software error as provided in this License Agreement or the Supply Agreement to which it is
attached. It is Licensee’s responsibility to have adequate backup procedures to protect Buyer
from significant loss of valid data.