User's Manual

Ripwave 2.6 GHz User Guide Navini Networks, Inc.
8. WARRANTY. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY
AGAINST LATENT DEFECTS. NAVINI DOES NOT WARRANT THAT THE OPERATION
OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ARE
SOLELY RESPONSIBLE FOR DETERMINING WHICH SOFTWARE BEST SUITS YOUR
NEEDS, FOR INSTALLING THE SOFTWARE, AND FOR RESULTS OBTAINED. YOU
HAVE THE SOLE RESPONSIBILITY FOR INSPECTING AND TESTING THE SOFTWARE
TO YOUR SATISFACTION BEFORE USING THEM WITH IMPORTANT DATA OR WITH
YOUR COMPUTER. NAVINI MAKES NO WARRANTIES OR REPRESENTATIONS
WHATSOEVER REGARDING ANY GOODS OR SERVICES PROVIDED BY ANY THIRD
PARTIES PURSUANT TO YOUR USE OF THE SOFTWARE AND NAVINI SHALL NOT
BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF, EITHER DIRECTLY OR
INDIRECTLY, THE ACTIONS OR INACTIONS OF SUCH THIRD PARTY. IN NO EVENT
SHALL NAVINI NETWORKS, INC. OR ANY THIRD PARTY INVOLVED IN THE
CREATION, PRODUCTION, DELIVERY, OR LICENSING OR THE SOFTWARE BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL,
GENERAL, PUNITIVE, EXEMPLARY, AGGRAVATED, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF,
WHETHER FORESEEABLE OR UNFORESEEABLE, OF ANY KIND WHATSOEVER,
INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS; UNANTICIPATED BENEFITS
OR REVENUE; ANTICIPATED PROFITS; DAMAGES OR COSTS INCURRED AS A
RESULT OF: (i) LOST TIME, DATA, OR USE OF THE SOFTWARE; (ii) HARDWARE
FAILURES FOR ANY REASON; (iii) INCOMPATIBILITY WITH HARDWARE OR OTHER
SOFTWARE; (iv) LOSS OR CLAIMS FROM THIRD PARTIES; OR (v) FROM ANY OTHER
CAUSE ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE, OR
CONTRIBUTION OR INDEMNITY IN RESPECT OF ANY CLAIM RELATED TO THE
SOFTWARE. IN ANY EVENT, NAVINI'S LIABILITY SHALL NOT EXCEED THE
ACTUAL PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ALLOW LIMITATIONS ON HOW
LONG A WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY
NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND
YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO
JURISDICTION.
9. LAW. This Agreement and each Order shall be construed in accordance with the laws
(including the Uniform Commercial Code) of the State of Texas, without giving effect to
principles of conflicts of laws. Any legal action arising here from will be brought within the
state or federal courts located in Dallas county, Texas, which is agreed by the parties to be a
convenient forum. The SOFTWARE User acknowledges, understands and agrees that this
Agreement is written in the English Language, and the SOFTWARE User expressly waives all
“native language” requirements, whether based in local statutory, regulatory or other law.
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