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vii
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:
a. The replacement of any media not meeting the above limited warranty which is
returned to Adaptec; or:
b. 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 civilian agency contract, use, duplication or disclosure
by the Government is subject to the restrictions of this Agreement in accordance with 48
C.F.R. 12.212 of the Federal Acquisition Regulations and its successors and 49 C.F.R.
227.7202-1 of the DoD FAR Supplement and its successors.
12. General. You acknowledge that you have read this Agreement, understand it, and that by
using the Software you agree to be bound by its terms and conditions. You further agree
that it is the complete and exclusive statement of the agreement between Adaptec and you,
and supersedes any proposal or prior agreement, oral or written, and any other
communication between Adaptec and you relating to the subject matter of this Agreement.
No additional or any different terms will be enforceable against Adaptec unless Adaptec
gives its express consent, including an express waiver of the terms of this Agreement, in
writing signed by an officer of Adaptec. You assume full responsibility for the use of the
Software and agree to use the Software legally and responsibly. This Agreement shall be
governed by California law, except as to copyright matters, which are covered by Federal
law. This Agreement is deemed entered into at Milpitas, California by both parties. Should
any provision of this Agreement be declared unenforceable in any jurisdiction, then such
provision shall be deemed severable from this Agreement and shall not affect the
remainder hereof. All rights in the Software not specifically granted in this Agreement are
reserved by Adaptec.
Should you have any questions concerning this Agreement, you may contact Adaptec by
writing to:
Adaptec, Inc.
Legal Department
691 South Milpitas Boulevard
Milpitas, California 95035
XHub for Notebooks UG Book.book Page vii Wednesday, July 17, 2002 3:48 PM