Cisco Cisco Mobile Wireless Transport Manager 6.1 Licensing Information

states do not allow limitations on certain implied warranties, so the above may not apply to you. This limited

warranty gives you specific legal rights. You may have others, which vary from state to state.

 

9.Disclaimer of Warranty.

 

UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,

REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE

DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY

INVALID.

 

10. Limitation of Liability.

 

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE

FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,

INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF

LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN

IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to

you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software

under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential

purpose. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above

may not be applicable to you.

 

11. Export Regulations.

 

All Software, documents, technical data, and any other materials delivered under this Agreement are subject to U.S.

export control laws and may be subject to export or import regulations in other countries. You agree to comply

strictly with these laws and regulations and acknowledge that you have the responsibility to obtain any licenses to

export, re-export, or import as may be required after delivery to you.

 

12. U.S. Government Restricted Rights.

 

If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or

subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only

as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of

Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).

 

13. Governing Law.

 

Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice

of law rules of any jurisdiction will apply.

 

14. Severability.

 

If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the

provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will

immediately terminate.