Riverstone Networks RS 3000 Switch Router Getting Started Guide ix
5.
MAINTENANCE AND UPDATES.
Updates, upgrades, bug fixes, and maintenance and support services, if any, are
provided to You pursuant to the terms of a Riverstone Service and Maintenance Agreement, and only if Riverstone and You
enter into such an agreement. Except as specifically set forth in such agreement, Riverstone is under no obligation to provide
any updates, upgrades, patches, bug fixes, modifications, enhancements, or maintenance or support services to You.
Notwithstanding the foregoing, if you are provided or obtain any software or documentation of Riverstone, which is not
otherwise provided under a license from Riverstone, then Your use of such materials shall be subject to the terms of this
Riverstone Networks, Inc. Software License Agreement.
6.
EXPORT REQUIREMENTS.
Licensed 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. You agree to comply strictly with all such regulations and acknowledge that you have the responsibility to obtain
licenses to export, re-export or import Licensed Materials.
7.
UNITED STATES GOVERNMENT RESTRICTED RIGHTS.
The Licensed Materials are provided with RESTRICTED
RIGHTS. Use, duplication or disclosure of the Licensed Materials and accompanying documentation by the U.S. Government
is subject to restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995),
DRAS 252.227-7013(c)(ii) (OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
Riverstone Networks, Inc.
8.
LIMITED WARRANTY.
The sole warranty provided under this Agreement and with respect to the Licensed Materials is set
forth in Riverstone's Standard Limited Warranty, which is incorporated herein by reference. THE RIVERSTONE
STANDARD LIMITED WARRANTY CONTAINS IMPORTANT LIMITS ON YOUR WARRANTY RIGHTS. THE
WARRANTIES AND LIABILITIES SET FORTH IN THE STANDARD LIMITED WARRANTY ARE EXCLUSIVE AND
ESTABLISH RIVERSTONE'S ONLY OBLIGATIONS AND YOUR SOLE RIGHTS WITH RESPECT TO THE LICENSED
MATERIALS AND THIS AGREEMENT. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND
WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NONINFRINGEMENT
OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE
EXTENT ALLOWED BY APPLICABLE LAW.
9.
LIMITATION OF LIABILITY.
Your exclusive remedy for any claim in connection with the Licensed Materials and the
entire liability of Riverstone are set forth in the Riverstone Standard Limited Warranty. Except to the extent provided there, if
any, IN NO EVENT WILL RIVERSTONE OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY LOSS OF USE,
INTERRUPTION OF BUSINESS, LOST PROFITS OR LOST DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND, REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF RIVERSTONE OR
ITS AFFILIATE OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER
OR NOT ANY REMEDY PROVIDED SHOULD FAIL OF ITS ESSENTIAL PURPOSE. THE TOTAL CUMULATIVE
LIABILITY TO YOU, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO
AND WILL NOT EXCEED THE PURCHASE PRICE OF THE LICENSED MATERIALS PAID BY YOU. YOU
ACKNOWLEDGE THAT THE AMOUNT PAID FOR THE LICENSED MATERIALS REFLECTS THIS ALLOCATION
OF RISK.
10.
GENERAL
. The provisions of the Agreement are severable and if any one or more of the provisions hereof are illegal or
otherwise unenforceable, in whole or in part, the remaining provisions of this Agreement shall nevertheless be binding on and
enforceable by and between the parties hereto. Riverstone's waiver of any right shall not constitute waiver of that right in
future. This Agreement (including the documents it incorporates) constitutes the entire understanding between the parties with
respect to the subject matter hereof, and all prior agreements, representations, statements and undertakings, oral or written, are
hereby expressly superseded and canceled. No purchase order shall supersede this Agreement. The rights and obligations of
the parties to this Agreement shall be governed and construed in accordance with the laws of the State of California, excluding
the UN Convention on Contracts for the International Sale of Goods and that body of law known as conflicts of laws. Any
dispute in connection with the Licensed Materials will be resolved in state or federal courts located in Santa Clara County,
California, U.S.A.. You consent to the personal jurisdiction of and waive any objections to venue in such courts.
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