Comtech EF Data CiLink - Manual (Page 11)

CSAT-5060/XSAT-7080 Transceiver iPAQ Link Revision 2
Preface MN/CiLink.IOM
ix
maintenance or any upgrade feed that is required. Any upgrades obtained through other than
CEFD or CEFD will be considered pirated and will be a violation under this agreement.
5. Confidentiality
You acknowledge that CiLink contains proprietary trade secrets of CEFD and you hereby agree
to maintain the confidentiality of CiLink using at least as great a degree of care as you use to
maintain the confidentiality of your own most confidential information, but in no event less than
reasonable care. You agree to reasonably communicate the terms and conditions of this CiLink
EULA to those persons employed by you who come into contact with CiLink, and to use your
best efforts to ensure their compliance with such terms and conditions, including, without
limitation, not knowingly permitting such persons to use any portion of CiLink for the purpose of
deriving the source code of CiLink.
6. No Warranty
CiLINK IS PROVIDED TO YOU "AS IS" AND ANY USE OF CiLINK BY YOU IS
ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW,
CEFD DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CEFD DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN CiLINK WILL MEET ANY
REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT CiLINK WILL OPERATE
ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR
ERRORS IN CiLINK WILL BE CORRECTED, OR THAT CiLINK 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 CEFD 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 CiLINK, OR FOR
ANY CLAIM BY ANY OTHER PARTY, EVEN IF CEFD HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. CEFD'S AGGREGATE LIABILITY WITH RESPECT
TO ITS OBLIGATIONS UNDER THIS EULA OR OTHERWISE WITH RESPECT TO CiLINK
OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY
YOU TO CEFD FOR CiLINK. 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.
CEFD 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 CEFD's reasonable control, whether or not similar to those
which are enumerated above.