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Appendix H Open Software Announcements
Vantage CNM User’s Guide
422
BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF ZyXEL HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZyXEL'S AGGREGATE
LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR
OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION OR
OTHERWISE SHALL BE EQUAL TO THE PURCHASE PRICE, BUT SHALL IN NO
EVENT EXCEED $1,000. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. Export Restrictions
THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY APPLICABLE
LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT OF
THE SOFTWARE OR INFORMATION ABOUT SUCH SOFTWARE WHICH MAY BE
IMPOSED FROM TIME TO TIME. YOU SHALL NOT EXPORT THE SOFTWARE,
DOCUMENTATION OR INFORMATION ABOUT THE SOFTWARE AND
DOCUMENTATION WITHOUT COMPLYING WITH SUCH LAWS, REGULATIONS,
ORDERS, OR OTHER RESTRICTIONS. YOU AGREE TO INDEMNIFY ZyXEL
AGAINST ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES,
INCLUDING REASONABLE ATTORNEYS' FEES, TO THE EXTENT SUCH CLAIMS
ARISE OUT OF ANY BREACH OF THIS SECTION 8.
9. Audit Rights
ZyXEL SHALL HAVE THE RIGHT, AT ITS OWN EXPENSE, UPON REASONABLE
PRIOR NOTICE, TO PERIODICALLY INSPECT AND AUDIT YOUR RECORDS TO
ENSURE YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS
LICENSE AGREEMENT.
10. Termination
This License Agreement is effective until it is terminated. You may terminate this License
Agreement at any time by destroying or returning to ZyXEL all copies of the Software and
Documentation in your possession or under your control. ZyXEL may terminate this License
Agreement for any reason, including, but not limited to, if ZyXEL finds that you have violated
any of the terms of this License Agreement. Upon notification of termination, you agree to
destroy or return to ZyXEL all copies of the Software and Documentation and to certify in
writing that all known copies, including backup copies, have been destroyed. All provisions
relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination
of this Software License Agreement.
12. General
This License Agreement shall be construed, interpreted and governed by the laws of Republic
of China without regard to conflicts of laws provisions thereof. The exclusive forum for any
disputes arising out of or relating to this License Agreement shall be an appropriate court or
Commercial Arbitration Association sitting in ROC, Taiwan. This License Agreement shall
constitute the entire Agreement between the parties hereto. This License Agreement, the rights
granted hereunder, the Software and Documentation shall not be assigned by you without the
prior written consent of ZyXEL. Any waiver or modification of this License Agreement shall