Appendix E Open Software Announcements
P-660HN-51 User’s Guide
290
DAMAGES. Zyxel's TOTAL 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 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.
11.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 if the parties agree to a binding arbitration. 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 only be effective if it
is in writing and signed by both parties hereto. If any part of this License Agreement is found invalid or
unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be
interpreted so as to reasonably effect the intention of the parties.
NOTE: Some components of this product incorporate free software programs covered under the open
source code licenses which allows you to freely copy, modify and redistribute the software. For at least
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