Navini Networks Ripwave User Manual download pdf (Page 40)

Navini Networks, Inc. Ripwave MX Modem User Guide

ARTICLE 4

INDEMNIFICATIONS AND WARRANTY

Intellectual Property Indemnification; Entire Liability

. ARTICLE 15 OF THE SUPPLY

GREEMENT IS ATTACHED STATES THE ENTIRE

GHTS BY THE LICENSED SOFTWARE,

ANY PARTS THEREOF, AND NAVINI NETWORKS, INC.

SHALL HAVE NO ADDITIONAL LIABILITY WITH RESPECT TO ANY ALLEGED OR

AGREEMENT TO WHICH THIS A

LIABILITY OF NAVINI NETWORKS, INC. WITH RESPECT TO INFRINGEMENT OF

COPYRIGHTS, TRADE SECRETS, TRADEMARKS, PATENTS, AND OTHER

INTELLECTUAL PROPERTY RI

DOCUMENTATION, OR

PROVEN INFRINGEMENT.

4.2

Warranty. EXCEPT AS GRANTED IN THE BODY OF THE SUPPLY AGREEMENT TO

ACHED, THE LICENSED SOFTWARE IS

PROVIDED BY NAVINI NETWORKS, INC. “AS IS” AND WITHOUT WARRANTY OF

) THE IMPLIED WARRANTIES OF MERCHANTABILITY AND

F SOFTWARE LICENSED.

TICLE 5

LIMITATION OF LIABILITY

WHICH THIS LICENSE AGREEMENT IS ATT

ANY KIND OR NATURE, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING

(WITHOUT LIMITATION

FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITATION OF WARRANTIES WAS A

MATERIAL FACTOR IN THE ESTABLISHMENT OF THE LICENSE FEE CHARGED FOR

EACH SPECIFIC ITEM O

5.1

Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE

ERY, OR LICENSING OF THE

L, CONSEQUENTIAL, OR PUNITIVE DAMAGES,

D REGARDLESS OF THEORY OF LIABILITY, EVEN IF NAVINI

LEDGE, ACTUAL OR

AGES.

LAW, IN NO EVENT SHALL NAVINI NETWORKS, INC. OR ANY THIRD PARTY

ATION, PRODUCTION, DELIVINVOLVED IN THE CRE

SOFTWARE BE LIABLE FOR ANY LOST REVENUES, PROFITS OR DATA OR OTHER

SPECIAL, INDIRECT, INCIDENTA

HOWEVER CAUSED AN

NETWORKS, INC. HAS, OR SHOULD HAVE HAD ANY KNOW

E POSSIBILITY OF SUCH DAMCONSTRUCTIVE, OF TH

License-Fee Limitation

. Except for the indemnification provisions of Article 15, Navini

Networks, Inc.’s maximum liability for damages is limited to the license fees paid by Buyer under

ed the damages. this Agreement for the particular licensed Software that caus

5.3

Loss of Data. Software error can cause a significant loss of data. Navini Networks, Inc. shall not

s, Inc.’s responsibility is to correct the

ent or the Supply Agreement to which it is

attached. It is Licensee’s responsibility to have adequate backup procedures to protect Buyer

be responsible for any loss of data. Navini Network

in this License AgreemSoftware error as provided

from significant loss of valid data.

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