Appendix F Open Software Announcements
NBG4604 User’s Guide
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ing. Portions of the Software utilize or include third party software and other copyright material. Acknowledgements, licensing
terms and disclaimers for such material are contained in the License Notice as below for the Software, and your use of such mate-
rial is governed by their respective terms. ZyXEL has provided, as part of the Software package, access to certain third party soft-
ware as a convenience. To the extent that the Software contains third party software, ZyXEL has no express or implied obligation
to provide any technical or other support for such software. Please contact the appropriate software vendor or manufacturer
directly for technical support and customer service related to its software and products.
5. Confidentiality
You acknowledge that the Software contains proprietary trade secrets of ZyXEL and you hereby agree to maintain the confidenti-
ality of the Software using at least as great a degree of care as you use to maintain the confidentiality of your own most confiden-
tial 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 Soft-
ware 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 WARRAN-
TIES 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 CONSEQUEN-
TIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAM-
AGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF 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 THE PRODUCT’S PRICE.
BECAUSE SOME STATES/COUNTRIES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAM-
AGES, 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, DOCU-
MENTATION 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
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