Technical data
2
CONTROL SOFTWARE FOR SCSI EXTENDER AND SWITCHES
8. Disclaimer of Warranties and Limitation on Liability. The manufacturer and
its authorized agents disclaim and exclude all implied warranties of
noninfringement, merchantability, or fitness for a particular purpose. The
manufacturer and its authorized agents do not warrant that this Product will
satisfy Licensee’s requirements or that the operation thereof will be
uninterrupted.
The aggregate liability of the manufacturer and its authorized agents
arising from or relating to this agreement or the Product (regardless of the
form of action or claim, including but not limited to contract, warranty, tort,
strict liability, malpractice, or fraud) is limited to the purchase price of this
Product. Neither the manufacturer nor any of its authorized agents shall be
liable for any special, incidental, consequential, indirect, or punitive damages,
even if the manufacturer or any of its authorized agents has been advised of
the possibility of such damages.
In no event shall the manufacturer or any of its authorized agents be
liable for any lost profits or for direct, indirect, special, incidental, or
consequential damages, whether based on contract, tort, or any other legal
theory.
NOTE
Some states may not allow certain disclaimers or limitations, so they
may not be applicable to Licensee.
9. Governing Law. This Agreement shall be governed by the laws of the State of
Oregon and the United States of America.
10. Entire Agreement.
This Agreement sets forth the entire understanding and
agreement between the parties and may be amended only in a writing signed
by both parties.
11. Termination.
The License shall automatically terminate if Licensee breaches
this Agreement. Upon termination of the License, Licensee shall deliver to
Black Box the original and all other copies of the Software.
12. U.S. Government Restricted Rights.
The Software is provided with
RESTRICTED RIGHTS. Use, duplication, or disclosure by the manufacturer
or any of its authorized agents is subject to restrictions as set forth in
subparagraph (c) (1)(ii) of the Rights in Technical Data and Computer
Software Clause at DFARS 252.227-7012 or subparagraphs (c)(1) and (2) of
the Commercial Computer Software Restricted Rights at 48 CFR 52.227019, as
applicable.