Western Digital WD Arkeia R620 Installation and Configuration Guide - Manual (Page 31)

Arkeia Physical Appliance Installation and Configuration Guide 25
PORTION, IN WHOLE OR IN PART. IF YOU TRANSFER POSSESSION OF
ANY COPY, MODIFICATION OR MERGED PORTION OF THE PRODUCT TO
ANOTHER PARTY, YOUR LICENSE IS AUTOMATICALLY TERMINATED.
4. Termination.
This License shall remain in effect until terminated. You may terminate this
License at any time by destroying the Product, together with all copies,
modifications and merged portions in any form. Without limiting the generality of
the foregoing, and without prejudice to any other rights Licensor may have to
terminate this Agreement, Licensor may terminate this Agreement if you breach
any of its terms and conditions. You agree upon such termination to destroy the
Product along with all copies, modifications and merged portions in any form.
5. DISCLAIMER OF WARRANTY.
THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY
OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT
IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE PRODUCT IS BORNE BY YOU, AS
LICENSEE. SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY
RESPECT, LICENSEE AND NOT LICENSOR OR ITS SUPPLIERS OR
RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND
REPAIR. IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY
THE PRODUCT HAVE INHERENT LIMITATIONS, AND YOU MUST
DETERMINE THAT THE PRODUCT SUFFICIENTLY MEETS YOUR
REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS
AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
YOU SHOULD NOT SUBSTITUTE THIS PRODUCT FOR YOUR OWN
INDEPENDENT JUDGMENT. ARKEIA SOFTWARE INC. ASSUMES NO
LIABILITY FOR LOSSES INCURRED BY ANY USE OF OR RELIANCE UPON
THE PRODUCT. YOU ASSUME ALL RESPONSIBILITY FOR THE
SELECTION OF THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS,
AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE
PRODUCT. ARKEIA DOES NOT WARRANT THAT THE PRODUCT WILL
MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE
PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME
ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT.
6. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT WILL ARKEIA SOFTWARE INC. OR ITS SUPPLIERS OR
RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR
INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, BUSINESS
INTERRUPTION, LOSS OF INFORMATION, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DIRECT,