OWC Jupiter Mini-SAS
LegAL infOrMAtiOn
OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE MANDATORY LAW.
LIMITATION OF LIABILITY:
EXCEPT AS PROVIDED IN THIS LIMITED WARRANTY AND TO THE EXTENT PERMITTED BY LAW, OWC, ITS PARENT CORPORATION,
NEW CONCEPTS DEVELOPMENT CORPORATION, AND ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE OR OTHERWISE
RESPONSIBLE FOR THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES, OR FOR INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY
OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED
PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY;LOSS OF ANTICIPATED SAVINGS;
LOSS OF BUSINESS; BUSINESS INTERRUPTION, LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS
OF, DAMAGE TO OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER
CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING,
OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH THE SOFTWARE AND ANY FAILURE TO MAINTAIN THE
CONFIDENTIALITY OF DATA STORED WITH THE SOFTWARE. TO THE EXTENT REQUIRED BY LAW, THE FOREGOING LIMITATION
SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS. OWC DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO
MAKE ANY REPAIR WITHOUT RISK TO OR LOSS OF THE PROGRAMS OR DATA OR MAINTAINING CONFIDENTIALITY OF DATA.
THE MAXIMUM AMOUNT RECOVERABLE BY YOU FOR ALL DAMAGES SHALL BE THE AMOUNT YOU PAID FOR THE SOFTWARE
THAT IS THE SUBJECT OF YOUR CLAIM. THE FOREGOING LIMITATION WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF
ITS ESSENTIAL PURPOSE.
*AS DESCRIBED ABOVE, OWC IS NOT LIABLE IN ANY MANNER FOR LOST DATA OR RESTORATION OF ANY DATA LOST.
TO MAXIMIZE YOUR DATA PROTECTION, OWC RECOMMENDS THAT YOU MAINTAIN AND IMPLEMENT A COMPLETE
DATA BACKUP AND DISASTER RECOVERY PLAN AND MAINTAIN ADDITIONAL COPIES OF YOUR DATA IN A COMPLETELY
DIFFERENT LOCATION FROM YOUR JUPITER PRODUCT AND ITS SOFTWARE.
YOU AGREE NOT TO SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL,
INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES FROM OWC, ITS PARENT, ITS AFFILIATES, AND ITS OR THEIR EMPLOYEES AND
AGENTS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
Termination:
This EULA will terminate automatically, immediately, and without notice if you fail to comply with any term of thisEULA. In
the event of termination, You must destroy all copies of the Software. In addition You must remove all copies of the Software,
including all backup copies, from all computers, storage devices, and servers on which it is installed. From time to time, OWC
may change the terms of this EULA. OWC will notify you of such change. Your continued use of the Software will indicateyour
agreement to the change.
Government Restrictions:
Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its
associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply
strictly with all such regulations and acknowledges that it has the sole responsibility to obtain licenses to export, re-export, or
import Software.
Governing Law:
This EULA shall be governed by and construed inaccordance with the laws of the State of Illinois, United States of America, as
if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found
to be void orunenforceable, the remaining provisions of this EULA shall remain in full force and effect. The United Nations
Convention for the International Sale of Goods shall not apply. Further, certain Software using AES-256 encryption may not
be exported/re-exported, either directly or indirectly, to any destination subject to U.S. embargoes or trade sanctions unless
formally authorized by the U.S.Government. Note that said embargoed destinations are subject to change and the scope of
what technology is included in the embargo is specific to each embargoed country. The U.S. export controls and sanctions
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