Navini Networks 40-00292-00 - Manual (Page 36)

Navini Networks, Inc. Ripwave Wireless Broadband Access Card User’s Guide
4
NIFICATIONS AND WARRANTY
nification; Entire Liability
ARTICLE
INDEM
4.1 Intellectual Property Indem . ARTICLE 15 OF THE SUPPLY
AGREEMENT TO WHICH THIS AGREEMENT IS ATTACHED STATES THE
WITH RESPECT TO
PYRIGHTS, TRADE SECRETS, TRADEMARKS,
TY RIGHTS BY THE
DOCUMENTATION, OR ANY PARTS THEREOF, AND
NAVINI NETWORKS, INC. SHALL HAVE NO ADDITIONAL LIABILITY WITH
INFRINGEMENT.
ENTIRE LIABILITY OF NAVINI NETWORKS, INC.
INFRINGEMENT OF CO
PATENTS, AND OTHER INTELLECTUAL PROPER
LICENSED SOFTWARE,
RESPECT TO ANY ALLEGED OR PROVEN
4.2 Warranty. EXCEPT AS GRANTED IN THE BODY OF THE SUPPLY AGREEMENT
T IS ATTACHED, THE LICENSED
D BY NAVINI NETWORKS, INC. “AS IS” AND
WITHOUT WARRANTY OF ANY KIND OR NATURE, WRITTEN OR ORAL,
(WITHOUT LIMITATION) THE IMPLIED
HANTABILITY AND FITNESS FOR A PARTICULAR
TIES WAS A MATERIAL FACTOR
FEE CHARGED FOR EACH
SPECIFIC ITEM OF SOFTWARE LICENSED.
TO WHICH THIS LICENSE AGREEMEN
SOFTWARE IS PROVIDE
EXPRESS OR IMPLIED, INCLUDING
WARRANTIES OF MERC
PURPOSE. THIS LIMITATION OF WARRAN
T OF THE LICENSE IN THE ESTABLISHMEN
ARTICLE 5
IMITATION OF LIABILITY L
5.1 Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY THE
O EVENT SHALL NAVINI NETWORKS, INC. OR ANY
ION, PRODUCTION, DELIVERY, OR
IRECT, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND
I NETWORKS, INC.
E HAD ANY KNOWLEDGE, ACTUAL OR
CONSTRUCTIVE, OF THE POSSIBILITY OF SUCH DAMAGES.
5.2 License-Fee Limitation
APPLICABLE LAW, IN N
THIRD PARTY INVOLVED IN THE CREAT
FTWARE BE LIABLE FOR ANY LOST REVENUES, LICENSING OF THE SO
PROFITS OR DATA OR OTHER SPECIAL, IND
REGARDLESS OF THEORY OF LIABILITY, EVEN IF NAVIN
HAS, OR SHOULD HAV
. Except for the indemnification provisions of Article 15, Navini
Networks, Inc.’s maximum liability for damages is limited to the license fees paid by
Buyer under this Agreement for the particular licensed Software that caused the damages.
5.3 Loss of Data. Software error can cause a significant loss of data. Navini Networks, Inc.
shall not be responsible for any loss of data. Navini Networks, Inc.’s responsibility is to
correct the Software error as provided in this License Agreement or the Supply
Agreement to which it is attached. It is Licensee’s responsibility to have adequate
backup procedures to protect Buyer from significant loss of valid data.
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060210_pv1.7_Ripwave Wireless Broadband Access Card User’s Guide_40-00292-00d(4.4.2)