User manual

CONFIDENTIAL Protium Technologies, Inc. 4050-9901
Rev No: 05
5 GHz RF Modem 31-Jan-2007 66 of 84
This document and information contained herein is subject to the restrictions set forth on the title page .
CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE EVEN IF PROTIUM OR ITS SUPPLIERS HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Protium's or its suppliers' liability to Customer,
whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer. The foregoing
limitations shall apply even if the above-stated warranty fails of its essential purpose. SOME STATES DO NOT
ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES.
The above warranty DOES NOT apply to any beta software, any software made available for testing or
demonstration purposes, any temporary software modules or any software for which Protium does not receive a
license fee. All such software products are provided AS IS without any warranty whatsoever.
This License is effective until terminated. Customer may terminate this License at any time by destroying all
copies of Software including any documentation. This License will terminate immediately without notice from
Protium if Customer fails to comply with any provision of this License. Upon termination, Customer must destroy
all copies of Software.
Subject software, including technical data, is subject to U.S. export control laws, including the U.S. Export
Administration Act and its associated regulations, and may be subject to export or import regulations in other
countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the
responsibility to obtain licenses to export, re-export, or import Software.
This License shall be governed by and construed in accordance with the laws of the Commonwealth of
Massachusetts, United States of America, as if performed wholly within the state and without giving effect to the
principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions
of this License shall remain in full force and effect. This License constitutes the entire License between the parties
with respect to the use of the Software.
Restricted Rights - Protium's software is provided to non-DOD agencies with RESTRICTED RIGHTS and its
supporting documentation is provided with LIMITED RIGHTS. Use, duplication, or disclosure by the
Government is subject to the restrictions as set forth in subparagraph "C" of the Commercial Computer Software -
Restricted Rights clause at FAR 52.227-19. In the event the sale is to a DOD agency, the government's rights in
software, supporting documentation, and technical data are governed by the restrictions in the Technical Data
Commercial Items clause at DFARS 252.227-7015 and DFARS 227.7202. Manufacturer is Protium
Technologies, Inc., 10 Bearfoot Road, Northborough, MA 01532.