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6. Special Terms Applicable to Databases. Where a database is included with the
Software, you acknowledge that it is licensed only in connection with the use of
the Software to perform disc creation, and that the database and all data derived
therefrom must be maintained in confidence in accordance with the provisions of
Section 4. This license does not grant you any rights to distribute or disclose such
database or data.
7. Limited Warranty. Adaptec and its Licensor warrant only that the media upon
which the Software is furnished will be free from defects in material or
workmanship under normal use and service for a period of thirty (30) days from
the date of delivery to you. ADAPTEC AND ITS LICENSORS DO NOT AND
CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY
OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE
FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES ADAPTEC
AND ITS LICENSORS WILL PROVIDE FOR BREACH OF WARRANTY.
EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ADAPTEC AND ITS
LICENSORS MAKE NO WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED, AS TO NON-INFRINGEMENT OF THIRD
PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. Some states do not allow the exclusion of implied warranties or
limitations on how long an implied warranty may last, so the above limitations
may not apply to you. This warranty gives you specific legal rights and you may
also have other rights which vary from state to state.
8. The entire liability of Adaptec and its licensors, and your exclusive remedy for a
breach of this warranty, shall be:
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The replacement of any media not meeting the above limited warranty which
is returned to Adaptec; or:
●
If Adaptec or its distributor is unable to deliver replacement media which is
free from defects in materials or workmanship, you may terminate this
Agreement by returning the Software and your money will be refunded.
9. Limitation of Liability. IN NO EVENT WILL ADAPTEC OR ITS LICENSORS BE
LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT
DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR LOSS OF
DATA, EVEN IF ADAPTEC OR A LICENSOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER
PARTY. Some states do not allow the exclusion or limitation of special,
incidental, or consequential damages, so the above limitation or exclusion may
not apply to you.
10. Export. You acknowledge that the laws and regulations of the United States and
other countries may restrict the export and re-export of the Software. You agree
that you will not export or re-export the Software or documentation in any form
in violation of applicable United States and foreign law.
11. Government Restricted Rights. The Software is subject to restricted rights as
follows. If the Software is acquired under the terms of a GSA contract: use,
reproduction or disclosure is subject to the restrictions set forth in the applicable
ADP Schedule contract. If the Software is acquired under the terms of a DoD or