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Linksys E3000 User Manual

Page 69

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Linksys E3000

Appendix F: Software End User License Agreement

66

High Performance Wireless-N Router

offensive or inappropriate . Cisco makes no representations

concerning any content contained in or accessed through

the Technology, and Cisco will not be responsible or

liable for the accuracy, copyright compliance, legality or

decency of material contained in or accessed through the

Technology .
TO THE EXTENT NOT PROHIBITED BY APPLICABLE

LAW, ALL IMPLIED WARRANTIES AND CONDITIONS

OF

MERCHANTABILITY,

SATISFACTORY

QUALITY,

NONINFRINGEMENT OR FITNESS FOR A PARTICULAR

PURPOSE ARE LIMITED TO THE DURATION OF THE

WARRANTY PERIOD . ALL OTHER EXPRESS OR IMPLIED

CONDITIONS, REPRESENTATIONS AND WARRANTIES ARE

DISCLAIMED . Some jurisdictions do not allow limitations

on how long an implied warranty lasts, so the above

limitation may not apply to You . This limited warranty

gives You specific legal rights, and You may also have

other rights which vary by jurisdiction .
Disclaimer of Liabilities. TO THE EXTENT NOT PROHIBITED

BY APPLICABLE LAW, IN NO EVENT WILL CISCO BE LIABLE

FOR ANY LOST DATA, REVENUE OR PROFIT, OR FOR SPECIAL,

INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE

DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY

(INCLUDING NEGLIGENCE), ARISING OUT OF OR RELATED

TO THE USE OF OR INABILITY TO USE THE PRODUCT,

SOFTWARE OR ANY SERVICES PROVIDED IN RESPECT

OF SUCH PRODUCT OR SOFTWARE, EVEN IF CISCO HAS

BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES .

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW,

IN NO EVENT WILL CISCO’S LIABILITY EXCEED THE

AMOUNT PAID BY YOU FOR THE PRODUCT . IF YOU LIVE

IN THE EUROPEAN UNION, REFERENCES TO “SPECIAL,

INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL

DAMAGES” SHALL MEAN ANY LOSSES WHICH (i) WERE

NOT REASONABLY FORESEEABLE BY BOTH PARTIES, AND/

OR (ii) WERE KNOWN TO YOU BUT NOT TO US AND/OR (iii)

WERE REASONABLY FORESEEABLE BY BOTH PARTIES BUT

COULD HAVE BEEN PREVENTED BY YOU SUCH AS, FOR

EXAMPLE (BUT WITHOUT LIMITATION), LOSSES CAUSED

BY VIRUSES, TROJANS OR OTHER MALICIOUS PROGRAMS,

OR LOSS OF OR DAMAGE TO YOUR DATA . THE FOREGOING

LIMITATIONS WILL APPLY WITH RESPECT TO CISCO, ITS

DISTRIBUTORS, CONTRACTORS, AND AGENTS AND EVEN

IF ANY WARRANTY OR REMEDY PROVIDED UNDER THIS

LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE .

NOTHING IN THIS SECTION SHALL LIMIT THE LIABILITY OF

CISCO OR ITS DISTRIBUTORS, CONTRACTORS OR AGENTS

IN RELATION TO DEATH OR PERSONAL INJURIES CAUSED

BY THEIR NEGLIGENCE .
Indemnity. You agree that Cisco and its distributors,

partners, contractors and agents shall have no liability

whatsoever for any use You make of the Technology .

You shall indemnify and hold harmless Cisco and its

distributors, partners, contractors and agents from

any claims, damages, losses, liabilities, costs and fees

(including reasonable attorney fees) arising from Your use

of the Technology as well as from Your failure to comply

with any term of this Agreement .
Technical Support. This limited warranty is neither

a service nor a support contract . Information about

Cisco’s current technical support offerings and policies

(including any fees for support services) can be found at

www.myciscohome.com/support .
Export. Software, including technical data, may be

subject to U .S . export control laws and regulations and/or

export or import regulations in other countries . You agree

to comply strictly with all such laws and regulations .
U.S. Government Users. The Software and Documentation

qualify as “commercial items” as defined at 48 C .F .R . 2 .101

and 48 C .F .R . 12 .212 . All Government users acquire the

Software and Documentation with only those rights

herein that apply to non-governmental customers . Use of

either the Software or Documentation or both constitutes

agreement by the Government that the Software and

Documentation are “commercial computer software”

and “commercial computer software documentation,”

and constitutes acceptance of the rights and restrictions

herein .
General Terms. This Agreement will be governed by and

construed in accordance with the laws of the State of

California, without reference to conflict of laws principles .

The United Nations Convention on Contracts for the

International Sale of Goods will not apply . If any portion

of this Agreement is found to be void or unenforceable,

the remaining provisions will remain in full force and

effect . Each party recognizes and agrees that the

warranty disclaimers and liability and remedy limitations

in this Agreement are material bargained for bases of

this Agreement and that they are reasonable and have

been taken into account and reflected in determining

the consideration to be given by each party under this

Agreement and in the decision by each party to enter

into this Agreement . Cisco’s distributors, contractors

and agents are intended third party beneficiaries under

this Agreement . This Agreement constitutes the entire

agreement between the parties with respect to the

Software and supersedes any conflicting or additional

terms contained in any purchase order or elsewhere .

Except as set forth in the above “License” Section or

otherwise expressly provided under this Agreement, no

amendment to or modification of this Agreement will be

binding unless in writing and signed by Cisco and You .
Linksys, Cisco and the Cisco Logo and other trademarks

contained in the Software and Documentation are

trademarks or registered trademarks of Linksys, Cisco,

its licensors and third parties, as the case may be . You

may not remove or alter any trademark, trade names,

product names, logo, copyright or other proprietary

notices, legends, symbols or labels in the Software and

Documentation . This Agreement does not authorize

You to use Cisco’s or its licensors’ names or respective

trademarks .