User's Manual

PC-IP Software
User’s Manual
118
or its suppliers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including without limitation,
damages for loss of business profits, business interruption, loss
of business information, or any other pecuniary loss) arising out
of the use of or inability to use the software product or the
provision of or failure to provide support services, even if
Sunrise Telecom has been advised of the possibility of such
damages. In any case, Sunrise Telecom’s entire liability under
any provision of this Agreement shall be limited to the greater of
the amount actually paid by you for the software product or
US$5.00; provided however, if you have entered into a Sunrise
Telecom Support Services Agreement, Sunrise Telecom’s entire
liability regarding Support Services shall be governed by the
terms of that agreement. Because some states and jurisdictions
do not allow the exclusion or limitation of liability, the above
limitation may not apply to you.
HIGH RISK ACTIVITIES. The Software is not fault-tolerant
and is not designed, manufactured or intended for use or
resale as on-line control equipment in hazardous environments
requiring fail-safe performance, such as in the operation of
nuclear facilities, aircraft navigation or communication
systems, air traffic control, direct life support machines, or
weapons systems, in which the failure of the Software could
lead directly to death, personal injury, or severe physical or
environmental damage (“High Risk Activities”). Licensor
and its suppliers specifically disclaim any express or implied
warranty of fitness for High Risk Activities.
US GOVERNMENT END USERS. This Agreement is not
valid and shall not come into effect for any unit or agency of
the United States government until the execution and delivery
by both you and Sunrise Telecom, Inc. of a RESTRICTED
RIGHTS Government User Supplement in the form required
by Sunrise Telecom, Inc.
MISCELLANEOUS. If the copy of the Software you received
was accompanied by a printed or other form of “hard-copy” End
User License Agreement whose terms vary from this Agreement,
then the hard-copy End User License Agreement governs your
use of the Software. This Agreement represents the complete
agreement concerning this license and may be amended only by
a writing executed by both parties. THE ACCEPTANCE OF
ANY PURCHASE ORDER PLACED BY YOU IS
EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT