User's Guide

MeshNetworks
30
DISCLAIMER OF PERFORMANCE WARRANTIES. EXCEPT AS SET FORTH IN SECTION 6.1
ABOVE, THE LICENSED SOFTWARE IS LICENSED TO YOU “AS IS.” MESHNETWORKS
DOES NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIMS ANY
REPRESENTATION OR WARRANTY, THAT:
THE OPERATION OF THE LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR
FREE; AND
THE FUNCTIONS OR FEATURES OF THE LICENSED SOFTWARE WILL MEET YOUR
REQUIREMENTS, OR THAT THE LICENSED SOFTWARE WILL OPERATE IN THE
HARDWARE AND SOFTWARE COMBINATIONS SELECTED BY YOU. YOU ASSUME ALL
RESPONSIBILITY FOR THE SELECTION OF PRODUCTS AND THE LICENSED SOFTWARE TO
ACHIEVE YOUR INTENDED RESULTS, AND FOR YOUR USE OF AND RESULTS OBTAINED
FROM THE LICENSED SOFTWARE.
DISCLAIMER OF IMPLIED WARRANTIES. EXCEPT AS SET FORTH IN SECTION 6.1 ABOVE,
THE LICENSED SOFTWARE IS LICENSED TO YOU “AS IS.” MESHNETWORKS EXPRESSLY
DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND
ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY,
INCLUDING REPRESENTATIONS OR WARRANTIES OF NON-INFRINGEMENT OF ANY
THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, OWNERSHIP, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND
DATA ACCURACY. MESHNETWORKS’ EXPRESS WARRANTY WILL NOT BE ENLARGED,
DIMINISHED OR AFFECTED BY, AND NO OBLIGATION OR LIABILITY WILL ARISE OUT OF,
THE RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE BY MESHNETWORKS
OR THE SOURCE IN CONNECTION WITH THE LICENSED SOFTWARE.
NO CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE
LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING IN
ANY WAY OUT OF THIS AGREEMENT OR THE USE OF THE LICENSED SOFTWARE AND
DOCUMENTATION HOWEVER CAUSED (WHETHER ARISING UNDER A THEORY OF
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF DATA, OR COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. THE LIMITATIONS ON LIABILITY
SET FORTH IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF
ESSENTIAL PURPOSE OF ANY OF THE LIMITED REMEDIES SET FORTH IN SECTION 6.1
ABOVE.
LIMITATION OF LIABILITY. THE TOTAL LIABILITY OF MESHNETWORKS, THE SOURCE
AND MESHNETWORKS’ LICENSORS ARISING OUT OF OR RELATING TO THIS
AGREEMENT WILL NOT EXCEED THE LICENSE FEES AND PURCHASE PRICE RECEIVED
BY THE SOURCE FROM YOU IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING
RISE TO THE LIABILITY.
SUPPORT SERVICES. The Source may provide You with support services related to the Licensed
Software (“Support Services”). Use of Support Services is governed by the Source’s policies and
programs or in other materials from the Source. Any Updates or other supplemental software code
provided to You as part of the Support Services are considered part of the Licensed Software and subject
to the terms and conditions of this Agreement. You acknowledge and agree that MeshNetworks and its
licensors, contractors, resellers and distributors may use technical information You provide to them as
part of the Support Services for its business purposes, including for product support and development.
INDEMNIFICATION. MeshNetworks will defend, indemnify and hold You harmless from any liability
arising from any third party claim or proceeding against You to the extent that such claim or proceeding