Echelon LNS DDE Server - Manual (Page 150)

LIMITED WARRANTY AND DISCLAIMER
Echelon warrants that, for a period of ninety (90) days from the date of delivery
or transmission and installation of an Application Key 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 COVER 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. IN NO EVENT
SHALL ECHELON'S OR ITS SUPPLIERS' LIABILITY EXCEED THE
AMOUNTS PAID FOR THE NETWORK INTERFACE. YOU ACKNOWLEDGE
THAT THE AMOUNTS PAID BY YOU FOR THE NETWORK INTERFACE
REFLECT THIS ALLOCATION OF RISK.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU.
SAFE OPERATION
YOU ASSUME RESPONSIBILITY FOR, AND HEREBY AGREE TO USE YOUR
BEST EFFORTS IN, DESIGNING AND MANUFACTURING EQUIPMENT
LICENSED HEREUNDER TO PROVIDE FOR SAFE OPERATION THEREOF,
INCLUDING, BUT NOT LIMITED TO, COMPLIANCE OR QUALIFICATION
WITH RESPECT TO ALL SAFETY LAWS, REGULATIONS AND AGENCY
E-4 Software License Agreement