Echelon SmartServer 2.2 - Manual (Page 557)

558 Appendix E – Software License Agreements
TRADEMARKS
You may make appropriate and truthful reference to Echelon, Echelon products and
technology in Your company and product literature; provided that You properly
attribute Echelon’s trademarks and do not use the name of Echelon or any Echelon
trademark in Your name or product name. No license is granted, express or implied,
under any Echelon trademarks, trade names, trade dress or service marks.
LIMITED WARRANTY AND DISCLAIMER
Echelon warrants that, for a period of ninety (90) days from the date of delivery or
transmission to You, the Licensed Software under normal use will perform
substantially in accordance with the Licensed Software specifications contained in the
documentation accompanying the Licensed Software. Echelon's entire liability and
Your exclusive remedy under this warranty will be, at Echelon's option, to use
reasonable commercial efforts to attempt to correct or work around errors, to replace
the Licensed Software with functionally equivalent Licensed Software, or to
terminate this Agreement. EXCEPT FOR THE ABOVE EXPRESS LIMITED
WARRANTIES, ECHELON AND ITS SUPPLIERS MAKE AND YOU RECEIVE
NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR
IN ANY COMMUNICATION WITH YOU, AND ECHELON AND ITS
SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT AND THEIR EQUIVALENTS. Echelon does not warrant
that the operation of the Licensed Software will be uninterrupted or error free or that
the Licensed Software will meet Your specific requirements.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT
VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
IN NO EVENT WILL ECHELON OR ITS SUPPLIERS BE LIABLE FOR LOSS OF
DATA, LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE GOODS,
TECHNOLOGY OR SERVICES OR OTHER SPECIAL, INCIDENTAL,
PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING FROM
THE USE OF THE LICENSED SOFTWARE OR ACCOMPANYING
DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY (INCLUDING NEGLIGENCE). THIS LIMITATION WILL APPLY
EVEN IF ECHELON OR AN AUTHORIZED DISTRIBUTOR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY PROVIDED HEREIN. IN NO EVENT SHALL ECHELON'S
OR ITS SUPPLIERS' LIABILITY EXCEED THE AMOUNTS PAID FOR THE
LICENSED SOFTWARE. ALL LIABILITY UNDER THIS AGREEMENT IS