Western Digital WD Arkeia R620 Installation and Configuration Guide - Manual (Page 33)

Arkeia Physical Appliance Installation and Configuration Guide 27
PRODUCT AND ANY UNDERLYING ENCRYPTION TECHNOLOGY MAY NOT
BE EXPORTED OUTSIDE THE UNITED STATES OR TO ANY FOREIGN
ENTITY OR "FOREIGN PERSON" AS DEFINED BY U.S. GOVERNMENT
REGULATIONS, INCLUDING WITHOUT LIMITATION, ANYONE WHO IS NOT
A CITIZEN, NATIONAL OR LAWFUL PERMANENT RESIDENT OF THE
UNITED STATES. BY DOWNLOADING OR USING THE PRODUCT, YOU
AGREE TO THE FOREGOING AND WARRANT THAT YOU ARE NOT A
"FOREIGN PERSON" OR UNDER THE CONTROL OF A "FOREIGN
PERSON."
9. High Risk Activities.
The Product is not fault-tolerant and is not designed, manufactured or intended
for use or resale as on-line control equipment in hazardous environments
requiring fail-safe performance, such as in the operation of nuclear facilities,
aircraft navigation or communication systems, air traffic control, direct life
support machines, or weapons systems, in which the failure of the Product
could lead directly to death, personal injury, or severe physical or environmental
damage ("High Risk Activities"). Accordingly, Licensor and its suppliers
specifically disclaim any express or implied warranty of fitness for High Risk
Activities. You agree that Licensor and its suppliers will not be liable for any
claims or damages arising from the use of the Product in such applications.
10. Miscellaneous.
(a)
This Agreement constitutes the entire agreement between the parties
concerning the subject matter hereof. (b) This Agreement may be amended
only by a writing signed by both parties. (c) Except to the extent applicable law,
if any, provides otherwise, this Agreement shall be governed by the laws of the
State of California, U.S.A., excluding its conflict of law provisions. (d) Unless
otherwise agreed in writing, all disputes relating to this Agreement (excepting
any dispute relating to intellectual property rights) shall be subject to final and
binding arbitration in San Mateo County, California, under the auspices of
JAMS/EndDispute, with the losing party paying all costs of arbitration. (e) This
Agreement shall not be governed by the United Nations Convention on
Contracts for the International Sale of Goods. (f) If any provision in this
Agreement should be held illegal or unenforceable by a court having jurisdiction,
such provision shall be modified to the extent necessary to render it enforceable
without losing its intent, or severed from this Agreement if no such modification
is possible, and other provisions of this Agreement shall remain in full force and
effect. (g) The controlling language of this Agreement is English. If you have
received a translation into another language, it has been provided for your
convenience only. (h) A waiver by either party of any term or condition of this
Agreement or any breach thereof, in any one instance, shall not waive such
term or condition or any subsequent breach thereof. (i) The provisions of this
Agreement which require or contemplate performance after the expiration or
termination of this Agreement shall be enforceable notwithstanding said
expiration or termination. (j) You may not assign or otherwise transfer by
operation of law or otherwise this Agreement or any rights or obligations herein
except in the case of a merger or the sale of all or substantially all of your
assets to another entity. (k) This Agreement shall be binding upon and shall