User guide

Canopy System User Guide Legal Notices
Issue 1, May 2010 595
Limitation of Remedies and Damages. Regardless of whether any remedy set forth herein fails
of its essential purpose, IN NO EVENT SHALL CAMBIUM OR ANY OF THE LICENSORS,
DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF THE FOREGOING BE
LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR
SIMILAR DAMAGES WHATSOEVER (including, without limitation, damages for loss of
business profits, business interruption, loss of business information and the like), whether
foreseeable or unforeseeable, arising out of the use or inability to use the Software or
accompanying written materials, regardless of the basis of the claim and even if Cambium or a
Cambium representative has been advised of the possibility of such damage. Cambium's liability
to you for direct damages for any cause whatsoever, regardless of the basis of the form of the
action, will be limited to the price paid for the Software that caused the damages. THIS
LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND
TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
Maintenance and Support. Cambium shall not be responsible for maintenance or support of the
software. By accepting the license granted under this agreement, you agree that Cambium will be
under no obligation to provide any support, maintenance or service in connection with the
Software or any application developed by you. Any maintenance and support of the Related
Product will be provided under the terms of the agreement for the Related Product.
Transfer. In the case of software designed to operate on Cambium equipment, you may not
transfer the Software to another party except: (1) if you are an end-user, when you are transferring
the Software together with the Cambium equipment on which it operates; or 2) if you are a
Cambium licensed distributor, when you are transferring the Software either together with such
Cambium equipment or are transferring the Software as a licensed duly paid for upgrade, update,
patch, new release, enhancement or replacement of a prior version of the Software. If you are a
Cambium licensed distributor, when you are transferring the Software as permitted herein, you
agree to transfer the Software with a license agreement having terms and conditions no less
restrictive than those contained herein. You may transfer all other Software, not otherwise having
an agreed restriction on transfer, to another party. However, all such transfers of Software are
strictly subject to the conditions precedent that the other party agrees to accept the terms and
conditions of this License, and you destroy any copy of the Software you do not transfer to that
party. You may not sublicense or otherwise transfer, rent or lease the Software without our
written consent. You may not transfer the Software in violation of any laws, regulations, export
controls or economic sanctions imposed by the US Government.
Right to Audit. Cambium shall have the right to audit annually, upon reasonable advance notice
and during normal business hours, your records and accounts to determine compliance with the
terms of this Agreement.
Export Controls. You specifically acknowledge that the software may be subject to United
States and other country export control laws. You shall comply strictly with all requirements of
all applicable export control laws and regulations with respect to all such software and materials.