User Guide

INCLUDING MAINTENANCE AND SUPPORT. LSI SPECIFICALLY DISCLAIMS

ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE

IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND

FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE

PRODUCT AND ANY OTHER MATERIALS AND SERVICES, AND WITH

RESPECT TO THE USE OF ANY OF THE FOREGOING.

THE REMEDIES STATED IN THIS DOCUMENT CONSTITUTE CUSTOMER’S

EXCLUSIVE REMEDIES AND LSI’S SOLE LIABILITY FOR BREACH OF THE

LIMITED WARRANTIES SET FORTH HEREIN.

Software License

Subject to the terms and conditions of this Agreement, LSI grants Customer a

non-exclusive, worldwide, non-transferable, revocable, royalty-free license to use,

perform and display the LSI software that is a part of the Product (“LSI Software”)

solely as part of the Product incorporated into the OEM Products that and not on

a standalone basis. Customer may not (a) sell, lease, license, or sublicense the

LSI Software, (b) de-compile, disassemble, reverse engineer, or otherwise

attempt to derive source code from the LSI Software, in whole or in part, except

to the extent such restriction is prohibited by applicable law, (c) modify or create

derivative works from the LSI Software, or (d) use the LSI Software to provide

processing services to third parties or otherwise use the LSI Software on a

service bureau basis, electronically distribute or timeshare the LSI Software or

market the LSI Software by interactive cable or remote processing services.

Limitation of Liability

IN NO EVENT SHALL LSI’S TOTAL, CUMULATIVE LIABILITY ARISING FROM

THE SALE, USE AND DISPOSITION OF THE PRODUCT AND/OR THE

LICENSING OF THE LSI SOFTWARE EXCEED THE AMOUNT PAID BY

CUSTOMER FOR THIS PRODUCT. IN NO EVENT SHALL LSI BE LIABLE TO

CUSTOMER OR ANY THE OTHER FOR ANY PUNITIVE, INCIDENTAL,

INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOSS OF

PROFITS, INCURRED BY THAT PARTY, HOWEVER CAUSED AND UNDER

ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT

(INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR PRODUCT LIABILITY)

OR WARRANTY, IN CONNECTION WITH THE SALE, USE AND DISPOSITION

OF THE PRODUCT AND/OR THE LICENSING OF THE LSI SOFTWARE, EVEN

IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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