APC AP9212 Technical Information download pdf (Page 3)

PowerNet MIB Reference Guide

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4. RESTRICTIONS

The customer is not permitted to do any of the following:

• Reverse assemble, reverse compile, or otherwise attempt to create the source code from the software.

• Create derivative works of the software or any portion thereof.

• Localize or translate the software or its documentation, without the prior written consent of APC.

• Publish or provide any results of benchmark tests run on the software to a third party without the prior written

consent of APC.

5. DURATION AND TERMINATION OF THIS AGREEMENT

This license shall continue so long as the customer uses the software in compliance with the agreement. If the

customer breaches any of its obligations, this license shall terminate, and the customer agrees to destroy or return

all copies of the software and all materials provided for or with the software upon notification and demand by APC.

The customer can terminate the agreement at any time by destroying or returning to APC all copies of the software

and documentation.

6. LIMITED WARRANTY

The APC limited warranty is for a period of ninety (90) days from the time the customer receives the software.

APC warrants during the limited warranty period that the software will function materially as described in the

accompanying software user documentation and that any medium upon which the software is delivered will be free

from defects in material and workmanship when given normal, proper and intended usage.

This warranty does not apply in any of the following circumstances:

• If the software is used on a machine or operating system other than the machines and versions of operating

systems specified in the documentation.

• If the software is subjected to misuse, neglect, accident, or exposure to environmental conditions beyond

those specified in the documentation.

• If a version of the software is used that does not include all updates available from APC.

• If the software has been modified.

APC does not warrant that use of the software will be uninterrupted or error free, nor that program errors will be

corrected.

APC’s sole responsibility and customer’s sole remedy under this warranty is, at APC’s option, to repair or replace

all or any portions of the software, or to refund any license fee paid. This limited warranty is valid only if APC

receives written notice within the ninety-day warranty period.

7. LIMITATION OF WARRANTIES AND LIABILITY

EXCEPT AS EXPRESSLY SET FORTH IN SECTION 6 HEREIN ENTITLED “LIMITED WARRANTY”, (i) APC

SHALL HAVE NO LIABILITY TO THE CUSTOMER OR ANY THIRD PARTY FOR THE SOFTWARE, INCLUDING

ANY LIABILITY FOR NEGLIGENCE; (ii) APC MAKES AND THE CUSTOMER RECEIVES NO WARRANTIES,

EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER

COMMUNICATION; AND (iii) APC SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL APC BE LIABLE TO THE CUSTOMER FOR ANY CONSEQUENTIAL, INDIRECT,

SPECIAL, MULTIPLE OR INCIDENTAL DAMAGES, EVEN IF APC HAS BEEN ADVISED OF THE POSSIBILITY

OF SUCH POTENTIAL LOSS OR DAMAGE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR

LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR

EXCLUSION MIGHT NOT APPLY TO YOU. HOWEVER, TO THE FULL EXTENT PERMITTED BY APPLICABLE

LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE

WARRANTY PERIOD OF 90 DAYS.

NO DEALER, AGENT, EMPLOYEE, OR CUSTOMER OF APC IS AUTHORIZED TO MAKE ANY

MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY. The cumulative liability of

APC to the customer for all claims relating to the software shall not exceed the total amount of any and all license

fees paid to APC by the customer for the software or, if no license fee was required, the replacement of the

software.

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