Riverstone Networks RS 2100 - Manual (Page 10)

x Riverstone Networks RS 2100 Switch Router Getting Started Guide
considered commercial computer software in accordance with DFARS section 227.7202-3 and its
successors, and use, duplication, or disclosure by the Government is subject to restrictions set forth
herein.
9. LIMITED WARRANTY AND LIMITATION OF LIABILITY. Riverstone warrants that for a
period of ninety (90) days from the date of shipment from Riverstone: (i) the media on which the
Licensed Software is furnished will be free of defects in materials and workmanship under normal
use; and (ii) the Licensed Software substantially conforms to its published specifications. Except
for the foregoing, the Licensed Software is provided AS IS. This limited warranty extends only to
You as the original licensee. Your exclusive remedy and the entire liability of Riverstone and its
suppliers and Affiliates under this limited warranty will be, at Riverstone’s or its service center’s
option, repair or replacement; or, if neither of the foregoing is commercially reasonable, refund of
the Licensed Software if reported (or, upon request, returned) to the party supplying the Licensed
Software to You. In no event does Riverstone warrant that the Licensed Software is error free or that
You will be able to operate the Licensed Software without problems or interruptions.
NEITHER RIVERSTONE NOR ITS AFFILIATES MAKE ANY OTHER WARRANTY OR REPRESENTATION, EXPRESS
OR IMPLIED, WITH RESPECT TO THE LICENSED MATERIALS, INCLUDING IMPLIED WARRANTIES OF MER-
CHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED. THE LIM-
ITED WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL OTHER
WARRANTIES, LIABILITIES, REMEDIES, EXRESS OR IMPLIED, INCLUDING ANY OBLIGATION, LIABILITY, RIGHT,
CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM NEGLIGENCE OF RIVERSTONE OR ITS AFFILI-
ATES, ACTUAL OR IMPLIED.
IN NO EVENT WILL RIVERSTONE OR ITS AFFILIATES OR ANY OTHER PARTY BE LIABLE TO ANY PARTY FOR
SPECIAL, DIRECT, INDIRECT, RELIANCE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT
LIMITATION, LOSS OF DATA OR PROFITS OR FOR INABILITY TO USE THE LICENSED MATERIALS, WHETHER
CLAIMED BY REASON OF BREACH OF WARRANTY OR OTHERWISE AND WITHOUT REGARD TO THE FORM OF
ACTION IN WHICH SUCH CLAIM IS MADE, EVEN IF RIVERSTONE, ITS AFFILIATES OR SUCH OTHER PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RIVERSTONE, ITS AFFILIATES
OR SUCH OTHER PARTY'S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED
THE LICENSE FEE YOU PAID FOR THE LICENSED MATERIALS.
Some states do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts and some
states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusion
may not apply to You. In the event that an exclusion of any implied warranty is not permitted by law, the duration of such
implied warranty is limited to the duration of the limited warranty set forth above. This limited warranty gives You specific
legal rights, and You may also have other rights which vary from state to state.
10. GENERAL.
(a) This Agreement is not assignable or transferable in whole or in part by Customer without the prior written con-
sent of Riverstone. Riverstone may assign this Agreement without Customer's consent, to any Affiliate, including a foreign sales
corporation, or to any person or entity which acquires substantially all of the stock of Riverstone or the assets of Riverstone, or any
applicable major division, unit, or subsidiary of Riverstone. Riverstone may subcontract its obligations under this Agreement pro-
vided that Riverstone shall remain ultimately liable for the performance of subcontractor. The rights of Riverstone and Your obli-
gations under this Agreement shall inure to the benefit of Riverstone's assignees, licensors, and licensees.
(b) Section headings are for convenience only and shall not be considered in the interpretation of this Agreement.
(c) The provisions of the Agreement are severable and if any one or more of the provisions hereof are judicially
determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions of this Agreement shall never-
theless be binding on and enforceable by and between the parties hereto.
(d) Riverstone's waiver of any right shall not constitute waiver of that right in future. This Agreement constitutes
the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations,