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Appendix D Open Software Announcements
GS1510 Series User’s Guide
181
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, AND NON-
INFRINGEMENT. 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, OR EXEMPLARY DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS
INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SOFTWARE OR PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF
ZyXEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZyXEL's
TOTAL AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS
AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND
DOCUMENTATION OR OTHERWISE SHALL BE EQUAL TO THE PURCHASE PRICE,
BUT SHALL IN NO EVENT EXCEED THE PRODUCT’S PRICE. BECAUSE SOME
STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.