36
NeoFace Access Control User's Guide
License notification
7.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER
CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH
PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS
OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION
MAY NOT APPLY TO YOU.
8.
U.S. GOVERNMENT END USERS.
The Covered Software is a commercial item, as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of
commercial computer software (as that term is defined at 48 C.F.R. 252.227-7014(a)(1)) and commercial computer
software documentation as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered
Software with only those rights set forth herein. This U.S. Government Rights clause is in lieu of, and supersedes, any other
FAR, DFAR, or other clause or provision that addresses Government rights in computer software under this License.
9.
MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to
be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be
governed by the law of the jurisdiction specified in a notice contained within the Original Software (except to the extent
applicable law, if any, provides otherwise), excluding such jurisdictions
conflict-of-law provisions. Any litigation relating to this License shall be subject to the jurisdiction of the courts located in
the jurisdiction and venue specified in a notice contained within the Original Software, with the losing party responsible for
costs, including, without limitation, court costs and reasonable attorneys fees and expenses. The application of the United
Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which
provides that the language of a contract shall be construed against the drafter shall not apply to this License. You agree that
You alone are responsible for compliance with the United States export administration regulations (and the export control
laws and regulation of any other countries) when You use, distribute or otherwise make available any Covered Software.
10.
RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or
indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors
to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any
admission of liability.
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