Configuration Guide

Table Of Contents
9 of 291
For Department of Defense units, the Licensed Materials are considered commercial
computer software in accordance with DFARS section 227.7202-3 and its successors,
and use, duplication, or disclosure by the U.S. Government is subject to restrictions
set forth herein.
13. LIMITED
WARRANTY AND LIMITATION OF LIABILITY. The only warranty that
Extreme makes to You in connection with this license of the Licensed Materials is that
if the media on which the Licensed Software is recorded is defective, it will be
replaced without charge, if Extreme in good faith determines that the media and proof
of payment of the license fee are returned to Extreme or the dealer from whom it was
obtained within ninety (90) days of the date of payment of the license fee.
NEITHER EXTREME NOR ITS AFFILIATES MAKE ANY OTHER WARRANTY OR
REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED
MATERIALS, WHICH ARE LICENSED "AS IS". THE LIMITED WARRANTY AND REMEDY
PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,
INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED, AND STATEMENTS
OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR FIRM ARE VOID. ONLY
TO THE EXTENT SUCH EXCLUSION OF ANY IMPLIED WARRANTY IS NOT PERMITTED
BY LAW, THE DURATION OF SUCH IMPLIED WARRANTY IS LIMITED TO THE
DURATION OF THE LIMITED WARRANTY SET FORTH ABOVE. YOU ASSUME ALL
RISK AS TO THE QUALITY, FUNCTION AND PERFORMANCE OF THE LICENSED
MATERIALS. IN NO EVENT WILL EXTREME OR ANY OTHER PARTY WHO HAS BEEN
INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE LICENSED
MATERIALS BE LIABLE FOR SPECIAL, DIRECT, INDIRECT, RELIANCE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA OR PROFITS OR FOR
INABILITY TO USE THE LICENSED MATERIALS, TO ANY PARTY EVEN IF EXTREME OR
SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL EXTREME OR SUCH OTHER PARTY'S LIABILITY FOR ANY
DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE LICENSE FEE YOU
PAID FOR THE LICENSED MATERIALS.
Some states do not allow limitations on how long an implied warranty lasts and some
states do not allow the exclusion or limitation of incidental or consequential damages,
so the above limitation and exclusion may not apply to You. This limited warranty
gives You specific legal rights, and You may also have other rights which vary from
state to state.
14. JURISDICTION. The rights and obligations of the parties to this Agreement shall be
governed and construed in accordance with the laws and in the State and Federal
courts of the State of California, without regard to its rules with respect to choice of