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Appendix H Open Software Announcements
Vantage CNM User’s Guide
421
The Software and Documentation contain material that is protected by United States
Copyright Law and trade secret law, and by international treaty provisions. All rights not
granted to you herein are expressly reserved by ZyXEL. You may not remove any proprietary
notice of ZyXEL or any of its licensors from any copy of the Software or Documentation.
4. Restrictions
You may not publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, or
create derivative works of the Software, or any part thereof. You may not assign, sublicense,
convey or otherwise transfer, pledge as security or otherwise encumber the rights and licenses
granted hereunder with respect to the Software. You may not copy, reverse engineer,
decompile, reverse compile, translate, adapt, or disassemble the Software, or any part thereof,
nor shall you attempt to create the source code from the object code for the Software. You may
not market, co-brand, private label or otherwise permit third parties to link to the Software, or
any part thereof. You may not use the Software, or any part thereof, in the operation of a
service bureau or for the benefit of any other person or entity. You may not cause, assist or
permit any third party to do any of the foregoing.
5. Confidentiality
You acknowledge that the Software contains proprietary trade secrets of ZyXEL and you
hereby agree to maintain the confidentiality of the Software using at least as great a degree of
care as you use to maintain the confidentiality of your own most confidential information. You
agree to reasonably communicate the terms and conditions of this License Agreement to those
persons employed by you who come into contact with the Software, and to use reasonable best
efforts to ensure their compliance with such terms and conditions, including, without
limitation, not knowingly permitting such persons to use any portion of the Software for the
purpose of deriving the source code of the Software.
6. No Warranty
THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED
BY LAW, ZyXEL DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. ZyXEL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE,
OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN
UNINTERUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE
SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE
WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE
WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY
TO YOU. IF THIS EXCLUSION IS HELD TO BE UNENFORCEABLE BY A COURT OF
COMPETENT JURISDICTION, THEN ALL EXPRESS AND IMPLIED WARRANTIES
SHALL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS FROM THE
DATE OF PURCHASE OF THE SOFTWARE, AND NO WARRANTIES SHALL APPLY
AFTER THAT PERIOD.
7. Limitation of Liability
IN NO EVENT WILL ZyXEL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF