Arris X5001 - License Termination Conditions; Software Disclaimer; General License Terms

24
X5001 USER GUIDE - 501-3327100
D. Terminaon
These Terms are eecve unl terminated. You may terminate these Terms by returning the Product to your
supplier. These Terms will terminate automacally without noce if you fail to comply with these Terms or
any other wrien agreement between you and ARRIS. Upon terminaon you must return the Product to your
supplier.
E. Disclaimer
1. EXCEPT AS SET FORTH IN ANY WRITTEN AGREEMENT BETWEEN YOU AND ARRIS (OR YOUR SUPPLIER),
THE SOFTWARE IS (TO THE EXTENT PERMITTED BY LAW) SUPPLIED “AS IS” AND ARRIS AND ITS
LICENSORS EXPRESSLY EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED
TO) WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR PURPOSE AND NON-
INFRINGEMENT.
2. EXCEPT AS SET FORTH IN ANY WRITTEN AGREEMENT BETWEEN YOU AND ARRIS, IN NO CIRCUMSTANCE
WILL ARRIS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL
DAMAGE (INCLUDING LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES) ARISING OUT OF THE USE OR THE
INABILITY TO USE THE SOFTWARE.
F. General
These Terms are governed by the laws of the State of New York and you may only bring claims exclusively
in New York courts and ARRIS shall be entled to bring a claim in the courts of any jurisdicon. Any failure
by ARRIS to enforce any of its rights hereunder or applicable law shall not constute a waiver of such rights.
ARRIS’s licensors and suppliers shall be third party beneciaries of this License Agreement, as applicable.
YOUR USE OF THE PRODUCT CONSTITUTES YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THESE TERMS
AND AGREE TO BE BOUND HEREBY.
Open Source Licenses
The soware contained in this product may be covered by certain components consisng of free soware or
open source soware. A list of these components and a copy of the relevant copyright noces and license
term noces that are required by such licenses are available at this web page:
hps://sourceforge.net/arris
This list may change from me to me and may depend on the model of product or the version of soware you
have received. If you are unable to access this web page and wish to have a copy of this list, please contact the
Open Source Administrator at: 3701 FAU Boulevard, Suite 200, Boca Raton, Florida 33431 USA. To the extent
the terms of these open source or free soware licenses prohibit any of the restricons in any end user license
included with the product, such restricons will not apply to the applicable open source or free soware
component.
TERMS AND CONDITIONS FOR USE OF SOFTWARE (“TERMS”) (cont.)