User's Manual

Table Of Contents
Copyright © 2004, Vivato, Inc. Vivato Wi-Fi AP/Bridge User Guide 7
VIVATO, INC. END USER LIMITED WARRANTY AND LICENSE TERMS
ACCOUNT THEREOF. This disclaimer and exclusion shall apply even if the express
warranty set forth herein fails in its essential purpose.
8. Limitation of Liability. NOTWITHSTANDING ANYTHING ELSE, VIVATO SHALL NOT BE
LIABLE TO END USER OR ANY THIRD PARTY UNDER ANY PROVISION HEREIN OR UNDER
ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE
THEORY (A) FOR ANY AMOUNTS IN EXCESS OF THE AGGREGATE AMOUNTS PAID BY
END USER TO VIVATO FOR THE PRODUCT AND SOFTWARE, OR (B) FOR ANY
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INDIRECT OR SPECIAL
DAMAGES, OR COST OR (C) FOR THE COSTS OF PROCUREMENT OF SUBSTITUTE
PRODUCTS OR SERVICES, whether or not VIVATO or anyone else has been advised of the
possibility of such damages. The right to recover damages within the limitations specified
in this Section is End User's exclusive alternative remedy in the event any other contractual
remedy fails in its essential purpose.
9. Applicable Law; Jurisdiction. The validity, interpretation, performance of this End User Limited
Warranty and License Terms shall be governed by the laws of the State of California, USA,
without giving effect to its conflict of laws provisions. Buyer irrevocably agrees and consents that
the state courts of San Francisco County, California, USA or the United States District Court for the
Northern District of California shall have exclusive personal jurisdiction over Buyer and proper venue with
regard to any claims arising in connection with the purchase, sale, license or performance of any Product
or Software, and any objection to the jurisdiction or venue of any such court is hereby waived. The parties
agree that rights and obligations hereunder shall not be governed by the United Nations Convention on
the International Sale of Goods.