Comtech EF Data turboIP-45 - Manual (Page 105)

turboIP-45 Performance Enhancement Proxy Revision 0
End User License Agreement CD/TURBOIP45.IOM
8–3
6. No Warranty
SKIPWARE IS PROVIDED TO YOU "AS IS" AND ANY USE OF SKIPWARE BY YOU IS
ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GPI
DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. GPI DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN SKIPWARE WILL MEET ANY REQUIREMENTS OR NEEDS
YOU MAY HAVE, OR THAT SKIPWARE WILL OPERATE ERROR FREE, OR IN AN
UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN SKIPWARE WILL BE
CORRECTED, OR THAT SKIPWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM.
SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED
WARRANTIES SO THEY MAY NOT APPLY TO YOU.
7. Limitation of Liability
IN NO EVENT WILL GPI BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES(INCLUDING, WITHOUT LIMITATION,
INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING FOR LOSS OF
BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS
INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE SKIPWARE, OR FOR
ANY CLAIM BY ANY OTHER PARTY, EVEN IF GPI HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. GPI'S AGGREGATE LIABILITY WITH RESPECT TO ITS
OBLIGATIONS UNDER THIS EULA OR OTHERWISE WITH
RESPECT TO SKIPWARE OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE
LICENSE FEE PAID BY YOU TO GPI FOR SKIPWARE. BECAUSE SOME
STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONMAY NOT
APPLY TO YOU.
GPI also shall have no liability for non-delivery or delay in delivery of products and services arising
from any event beyond its reasonable control, whether or not foreseeable by either party, including but
not limited to, war, acts of terrorism and events related to such acts, fire, flood,
accident, adverse weather, inability to secure transportation, insurrections, riots, or civil commotions,
strikes, lockouts, or other labor disturbances; acts of God; or acts, omissions, or delays in acting by, or
as a result of, any governmental authority, governmental act or regulation, and other causes or events
beyond GPI's reasonable control, whether or not similar to those which are enumerated above.
8. Export Restrictions
THIS EULA IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR
OTHER RESTRICTIONS ON THE EXPORT FROM THE UNITED STATES OF AMERICA OF
SKIPWARE OR INFORMATION ABOUT SUCH SKIPWARE, WHICH MAY BE IMPOSED FROM
TIME TO TIME BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA. YOU
SHALL NOT EXPORT SKIPWARE, OR INFORMATION ABOUT SKIPWARE, WITHOUT THE
EXPRESS CONSENT OF GPI AND COMPLIANCE WITH SUCH LAWS, REGULATIONS,
ORDERS, OR OTHER RESTRICTIONS.