Adaptec 29320A-R Manual

Contents

vii7. Limited Warranty. Adaptec and its Licensor warrant only that the media upon which theSoftware is furnished will be free from defects in material or workmanship under normaluse and service for a period of thirty (30) days from the date of delivery to you. ADAPTECAND ITS LICENSORS DO NOT AND CANNOT WARRANT THE PERFORMANCE ORRESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THEFOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES ADAPTEC AND ITSLICENSORS WILL PROVIDE FOR BREACH OF WARRANTY. EXCEPT FOR THEFOREGOING LIMITED WARRANTY, ADAPTEC AND ITS LICENSORS MAKE NOWARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED, AS TONON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESSFOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of impliedwarranties or limitations on how long an implied warranty may last, so the abovelimitations may not apply to you. This warranty gives you specific legal rights and you mayalso have other rights which vary from state to state.8. The entire liability of Adaptec and its licensors, and your exclusive remedy for a breach ofthis warranty, shall be:a. The replacement of any media not meeting the above limited warranty which isreturned to Adaptec; or:b. if Adaptec or its distributor is unable to deliver replacement media which is free fromdefects in materials or workmanship, you may terminate this Agreement by returningthe Software and your money will be refunded.9. Limitation of Liability. IN NO EVENT WILL ADAPTEC OR ITS LICENSORS BE LIABLE TOYOU FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES,INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR LOSS OF DATA, EVEN IFADAPTEC OR A LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some states do not allow theexclusion or limitation of special, incidental, or consequential damages, so the abovelimitation or exclusion may not apply to you.10. Export. You acknowledge that the laws and regulations of the United States and othercountries may restrict the export and re-export of the Software. You agree that you will notexport or re-export the Software or documentation in any form in violation of applicableUnited States and foreign law.11. Government Restricted Rights. The Software is subject to restricted rights as follows. If theSoftware is acquired under the terms of a GSA contract: use, reproduction or disclosure issubject to the restrictions set forth in the applicable ADP Schedule contract. If the Software isacquired under the terms of a DoD or civilian agency contract, use, duplication or disclosureby the Government is subject to the restrictions of this Agreement in accordance with 48C.F.R. 12.212 of the Federal Acquisition Regulations and its successors and 49 C.F.R.227.7202-1 of the DoD FAR Supplement and its successors.12. General. You acknowledge that you have read this Agreement, understand it, and that byusing the Software you agree to be bound by its terms and conditions. You further agree thatit is the complete and exclusive statement of the agreement between Adaptec and you, andsupersedes any proposal or prior agreement, oral or written, and any other communicationbetween Adaptec and you relating to the subject matter of this Agreement. No additional orany different terms will be enforceable against Adaptec unless Adaptec gives its expressconsent, including an express waiver of the terms of this Agreement, in writing signed by anofficer of Adaptec. You assume full responsibility for the use of the Software and agree touse the Software legally and responsibly. This Agreement shall be governed by Californialaw, except as to copyright matters, which are covered by Federal law. This Agreement isdeemed entered into at Milpitas, California by both parties. Should any provision of thisAgreement be declared unenforceable in any jurisdiction, then such provision shall bedeemed severable from this Agreement and shall not affect the remainder hereof. All rightsin the Software not specifically granted in this Agreement are reserved by Adaptec.