User Guide

53987 Rev. 3.01 June 2016
AMD-RAIDXpert2 User Guide
Chapter 8
Software License: EULA
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received the Software. Notwithstanding the foregoing, Updates to the Software (which may or
may not be distributed) shall be governed by this Agreement, and such Updates will be considered
Software for purposes of this Agreement.
The Software is not absolutely fault-tolerant and is not designed, manufactured or intended for use
or resale as on-line control equipment in hazardous environments requiring fail-safe performance
in which the failure of the Software could lead directly to death, personal injury or severe physical
or environmental damage, such as the operation of nuclear facilities, aircraft navigation, air traffic
control, direct life support machines, or weapons systems (“High Risk Activities”). Express or
implied warranties for High Risk Activities are specifically disclaimed.
8.1.7 Limitation of Liability
IN NO EVENT SHALL DOT HILL, AMD OR LICENSORS BE LIABLE TO ANY PARTY
FOR ANY LOST REVENUE, LOST PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, AND
REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE EVEN IF THEY HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DOT HILL'S, AMD’s or
LICENSORS’ LIABILITY, TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT OF ANY FEE PAID BY YOU
FOR THE SOFTWARE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE
REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow for the
exclusion of implied warranties as described in Section 6, or the limitation of liabilities as
described in this Section 7, so the above exclusions or limitations may not apply to You. In that
event, to the extent permissible, any exclusion of warranties or limitation of liability will be
limited in duration or type to the greatest extent allowed by law.
8.1.8 Export Controls
You agree to comply fully with all relevant export laws, regulations, treaties, and orders ("Export
Laws") to assure that neither the Software nor any components thereof are (i) exported, directly or
indirectly, in violation of Export Laws; or (ii) are intended to be used or are used for any purposes
prohibited by the Export Laws.
8.1.9 General
This Agreement and any disputes arising from or relating to it shall be governed by and construed
in accordance with the laws of the State of Colorado without reference to conflict of laws
principles and excluding the U.N. Convention on Contracts for the International Sale of Goods.
Any legal action or proceeding shall be instituted in a state or federal court in Denver, Colorado,
U.S.A. and You agree to be subject to the jurisdiction of these courts. Taxes and charges imposed
by any government with respect to the Software shall be paid by the End User. The waiver by
either party of a breach of this Agreement or a failure to exercise any right hereunder shall not
operate or be construed as a waiver of any subsequent breach or as a waiver of any other right. If
any provision of this Agreement is held to be unenforceable or overbroad for any reason, it will be