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foregoing Disclaimer and Limitation of Liability will apply to the maximum extent permitted by
applicable law. Some jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the exclusions and limitations set forth above may not apply.
9. Termination. Transcend may, in addition to any other remedies available to Transcend,
terminate this Agreement immediately if Customer breaches any of its obligations under this
Agreement.
10. Miscellaneous. (a) This Agreement constitutes the entire agreement between Transcend and
Customer concerning the subject matter hereof, and it may only be modified by a written
amendment signed by an authorized executive of Transcend. (b) Except to the extent applicable law,
if any, provides otherwise, this Agreement will be governed by the law of the Republic of China,
excluding its conflict of law provisions. (c) If any part of this Agreement is held invalid or
unenforceable, and the remaining portions will remain in full force and effect. (d) A waiver by either
party of any term or condition of this Agreement or any breach thereof, in any one instance, will not
waive such term or condition or any subsequent breach thereof. (e) Transcend may assign its rights
under this Agreement without condition. (f) This Agreement will be binding upon and will inure to the
benefit of the parties, their successors and permitted assigns.
6. GPL Disclosure
Firmware incorporated into this product and/or software used for this product may include
third party copyrighted software licensed under the GPL (hereinafter referred to as “GPL
Software”). In accordance with the GPL, if applicable:
1. The source code for the GPL Software may be downloaded at no charge or obtained on
CD for a nominal charge by calling Customer Support within three years of the date of
purchase.
2. You may copy, re-distribute and/or modify the GPL Software under the terms of the GNU
General Public License as below or any later version, which may be obtained at
http://www.gnu.org/licenses/gpl.html
3. The GPL Software is distributed WITHOUT ANY WARRANTY, without even implied
warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. The entire
risk as to the quality and performance of the GPL Software iswith you. Transcend does not
provide any support for the GPL software