Adaptec AVA-2825 Installationsanleitung PDF herunterladen (Seite 18)

agree that the foregoing constitutes your sole and exclusive remedy for breach

by Licensor of any warranties made under this Agreement. EXCEPT FOR THE

WARRANTIES SET FORTH ABOVE, THE PROGRAM, AND THE

SOFTWARE CONTAINED THEREIN, ARE LICENSED "AS IS," AND

LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES,

WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT

LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY

OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability:

Licensor's cumulative liability to you or any other

party for any loss or damages resulting from any claims, demands, or actions

arising out of or relating to this Agreement shall not exceed the license fee paid

to Licensor for the use of the Program. In no event shall Licensor be liable for

any indirect, incidental, consequential, special, or exemplary damages or lost

profits, even if Licensor has been advised of the possibility of such damages.

THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL

OR CONSEQUENTIAL DAMAGES, MAY BE CONTROLLED BY LOCAL

REGULATION, SO THE ABOVE LIMITATION OR EXCLUSION MAY

NOT APPLY TO YOU.

Trademark:

eComStation, eComServer, WiseMachine, WiseManager,

WiseServer,

and

WiseClient

are trademarks of Licensor. No right, license, or

interest to such trademark is granted hereunder, and you agree that no such

right, license, or interest shall be asserted by you with respect to such

trademark.

Governing Law:

This License Agreement shall be construed and governed in

accordance with the laws of the applicable jurisdiction.

Costs of Litigation:

If any action is brought by either party to this License

Agreement against the other party regarding the subject matter hereof, the

prevailing party shall be entitled to recover, in addition to any other relief

granted, reasonable attorney fees and expenses of litigation, as appropriate

under applicable jurisdiction.

10.

Severability:

Should any term of this License Agreement be declared void or

unenforceable by any court of competent jurisdiction, such declaration shall

have no effect on the remaining terms hereof.

11.

No Waiver:

The failure of either party to enforce any rights granted hereunder

or to take action against the other party in the event of any breach hereunder

shall not be deemed a waiver by that party as to subsequent enforcement of

rights or subsequent actions in the event of future breaches.

Appendix A: License Agreement 35

12.

Information About Your Software:

eComStation

includes a license to use the following products with

eComStation

" IBM OS/2 Warp V4, IBM Product Number 31L0480M

Note: eCS upgrade product users are required to supply their own valid

license for OS/2 V4

IBM OS/2 Warp Convenience Pak, IBM Product Number AS6Y5NA

IBM SMP

feature when purchased as an option or as part of

eComStation Professional

, Product Number AS6Y9NA

IBM Desktop on Call for OS/2, IBM Product Number AS6YBNA

IBM Lotus Smart Suite for OS/2 R1.6, IBM Product Number AS76KNA

WiseMachine from Serenity Systems International

Applause and the TWAIN Consumer Pack from Solution Technologies,

Inc.

" InJoy 2.3 Professional Dialer and InJoy PPPoE from F/X Communications

HOBLink X/11 for OS/2 from HOB Software

36 eComStation Manual

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