Appendix D Open Software Announcements
ENC User’s Guide
292
otherwise transfer, pledge as security or otherwise encumber the rights and licenses granted
hereunder with respect to the Software. Certain components of the Software, and third party open
source programs included with the Software, have been or may be made available by ZyXEL listed
in the below Notice (collectively the ìOpen-Sourced Componentsî) You may modify or replace only
these Open-Sourced Components; provided that you comply with the terms of this License and any
applicable licensing terms governing use of the Open-Sourced Components, which have been
provided on the License Notice as below for the Software. ZyXEL is not obligated to provide any
maintenance, technical or other support for the resultant modified Software. You may not copy,
reverse engineer, decompile, reverse compile, translate, adapt, or disassemble the Software, or any
part thereof, nor shall you attempt to create the source code from the object code for the Software.
Except as and only to the extent expressly permitted in this License, by applicable licensing terms
governing use of the Open-Sourced Components, or by applicable law, you may not market, co-
brand, private label or otherwise permit third parties to link to the Software, or any part thereof.
You may not use the Software, or any part thereof, in the operation of a service bureau or for the
benefit of any other person or entity. You may not cause, assist or permit any third party to do any
of the foregoing. Portions of the Software utilize or include third party software and other copyright
material. Acknowledgements, licensing terms and disclaimers for such material are contained in the
License Notice as below for the Software, and your use of such material is governed by their
respective terms. ZyXEL has provided, as part of the Software package, access to certain third
party software as a convenience. To the extent that the Software contains third party software,
ZyXEL has no express or implied obligation to provide any technical or other support for such
software. Please contact the appropriate software vendor or manufacturer directly for technical
support and customer service related to its software and products.
5.Confidentiality
You acknowledge that the Software contains proprietary trade secrets of ZyXEL and you hereby
agree to maintain the confidentiality of the Software using at least as great a degree of care as you
use to maintain the confidentiality of your own most confidential information. You agree to
reasonably communicate the terms and conditions of this License Agreement to those persons
employed by you who come into contact with the Software, and to use reasonable best efforts to
ensure their compliance with such terms and conditions, including, without limitation, not
knowingly permitting such persons to use any portion of the Software for the purpose of deriving
the source code of the Software.
6.No Warranty
THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZyXEL
DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. ZyXEL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE
WILL OPERATE ERROR FREE, OR IN AN UNINTERUPTED FASHION, OR THAT ANY DEFECTS OR
ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH
ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION
OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU. IF THIS EXCLUSION IS HELD TO BE
UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THEN ALL EXPRESS AND IMPLIED
WARRANTIES SHALL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS FROM THE
DATE OF PURCHASE OF THE SOFTWARE, AND NO WARRANTIES SHALL APPLY AFTER THAT PERIOD.
7.Limitation of Liability
IN NO EVENT WILL ZyXEL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE,
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