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Appendix E Services
FSG1100HN User’s Guide
162
DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE, AND NO
WARRANTIES SHALL APPLY AFTER THAT PERIOD.
7. Limitation of Liability
IN NO EVENT WILL ZyXEL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS
OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO
USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF
ZyXEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZyXEL's
AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS
AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND
DOCUMENTATION OR OTHERWISE SHALL BE EQUAL TO THE PURCHASE
PRICE, BUT SHALL IN NO EVENT EXCEED THE PRODUCT’S PRICE. BECAUSE
SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
8. Export Restrictions
THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY
APPLICABLE LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON
THE EXPORT OF THE SOFTWARE OR INFORMATION ABOUT SUCH
SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME. YOU SHALL NOT
EXPORT THE SOFTWARE, DOCUMENTATION OR INFORMATION ABOUT THE
SOFTWARE AND DOCUMENTATION WITHOUT COMPLYING WITH SUCH LAWS,
REGULATIONS, ORDERS, OR OTHER RESTRICTIONS. YOU AGREE TO
INDEMNIFY ZyXEL AGAINST ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES,
COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, TO
THE EXTENT SUCH CLAIMS ARISE OUT OF ANY BREACH OF THIS SECTION 8.
9. Audit Rights
ZyXEL SHALL HAVE THE RIGHT, AT ITS OWN EXPENSE, UPON REASONABLE
PRIOR NOTICE, TO PERIODICALLY INSPECT AND AUDIT YOUR RECORDS TO
ENSURE YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS
LICENSE AGREEMENT.
10. Termination
This License Agreement is effective until it is terminated. You may terminate this
License Agreement at any time by destroying or returning to ZyXEL all copies of the
Software and Documentation in your possession or under your control. ZyXEL may
terminate this License Agreement for any reason, including, but not limited to, if
ZyXEL finds that you have violated any of the terms of this License Agreement. Upon
notification of termination, you agree to destroy or return to ZyXEL all copies of the
Software and Documentation and to certify in writing that all known copies, including
backup copies, have been destroyed. All provisions relating to confidentiality,
proprietary rights, and non-disclosure shall survive the termination of this Software
License Agreement.
11. General
This License Agreement shall be construed, interpreted and governed by the laws of
Republic of China without regard to conflicts of laws provisions thereof. The
exclusive forum for any disputes arising out of or relating to this License Agreement
shall be an appropriate court or Commercial Arbitration Association sitting in ROC,
Taiwan. This License Agreement shall constitute the entire Agreement between the
parties hereto. This License Agreement, the rights granted hereunder, the Software
and Documentation shall not be assigned by you without the prior written consent of
ZyXEL. Any waiver or modification of this License Agreement shall only be effective
if it is in writing and signed by both parties hereto. If any part of this License
Agreement is found invalid or unenforceable by a court of competent jurisdiction, the
remainder of this License Agreement shall be interpreted so as to reasonably effect
the intention of the parties.