Owner manual

32 License Agreement
IN NO EVENT WILL ECHELON OR ITS SUPPLIERS BE LIABLE FOR LOSS
OF OR CORRUPTION TO DATA, LOST PROFITS OR LOSS OF CONTRACTS,
COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER
SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT
DAMAGES ARISING FROM THE SUPPLY OR USE OF THE LICENSED
SOFTWARE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY
(INCLUDING NEGLIGENCE). THIS LIMITATION WILL APPLY EVEN IF
ECHELON OR AN AUTHORIZED DISTRIBUTOR HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, EXCEPT TO THE EXTENT THAT
LIABILITY MAY NOT BY LAW BE LIMITED OR EXCLUDED, AND
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY
LIMITED REMEDY. IN NO EVENT SHALL ECHELON'S LIABILITY EXCEED
ONE THOUSAND DOLLARS ($1,000). YOU AGREE THAT THE FOREGOING
LIMITATIONS REFLECT A REASONABLE ALLOCATION OF RISK.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND
EXCLUSIONS MAY NOT APPLY TO YOU.
SAFE OPERATION
YOU ASSUME RESPONSIBILITY FOR, AND HEREBY AGREE TO USE YOUR
BEST EFFORTS IN, DESIGNING YOUR PRODUCTS TO PROVIDE FOR SAFE
OPERATION THEREOF, INCLUDING, BUT NOT LIMITED TO,
COMPLIANCE OR QUALIFICATION WITH RESPECT TO ALL SAFETY
LAWS, REGULATIONS AND AGENCY APPROVALS, AS APPLICABLE. THE
NEURON® CHIP, LONTALK PROTOCOL, NEURON CHIP FIRMWARE,
NETWORK ADAPTERS, AND THE LICENSED SOFTWARE ARE NOT
DESIGNED OR INTENDED FOR USE AS COMPONENTS IN EQUIPMENT
INTENDED FOR SURGICAL IMPLANT INTO THE BODY, OR OTHER
APPLICATIONS INTENDED TO SUPPORT OR SUSTAIN LIFE, FOR USE IN
FLIGHT CONTROL OR ENGINE CONTROL EQUIPMENT WITHIN AN
AIRCRAFT, OR FOR ANY OTHER APPLICATION IN WHICH THE FAILURE
OF THE NEURON CHIP, LONTALK PROTOCOL, NEURON CHIP
FIRMWARE, NETWORK ADAPTERS, OR THE LICENSED SOFTWARE
COULD CREATE A SITUATION IN WHICH PERSONAL INJURY OR DEATH
MAY OCCUR, AND YOU SHALL HAVE NO RIGHTS HEREUNDER FOR ANY
SUCH APPLICATIONS.
COMPLIANCE WITH EXPORT CONTROL LAWS
You agree to comply with all applicable export and reexport control laws and
regulations, including the Export Administration Regulations ("EAR")
maintained by the United States Department of Commerce. Specifically, You
covenant that You shall not -- directly or indirectly -- sell, export, reexport,
transfer, divert, or otherwise dispose of any software, source code, or technology
(including products derived from or based on such technology) received from
Echelon under this Agreement to any country (or national thereof) subject to
antiterrorism controls or U.S. embargo, or to any other person, entity, or
destination prohibited by the laws or regulations of the United States, without
obtaining prior authorization from the competent government authorities as
required by those laws and regulations. You agree to indemnify, to the fullest
extent permitted by law, Echelon from and against any fines or penalties that
may arise as a result of Your breach of this provision. This export control clause
shall survive termination or cancellation of this Agreement.