APC Snap Server 2200 User Manual download pdf (Page 4)

Agreement and all licenses and rights granted to you hereunder. You agree that any Snap Appliance suppliers referenced in the Restricted

Software are third-party beneficiaries of this Agreement, and may enforce this Agreement as it relates to their intellectual property. You

further agree that, if Snap Appliance terminates this Agreement for your default, you will, within thirty (30) days after any such termination,

deliver to Snap Appliance or render unusable all Restricted Software originally provided to you hereunder and any copies thereof embodied

in any medium.

7. Government End Users

. The Installation Utilities, Embedded Software, and accompanying documentation are deemed to be “commercial

computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202, Commercial

Computer Software-Restricted Rights at 48 CFR 52.227-19, and FAR Section 12.212, and successor provisions thereof, as applicable. Any use

modification, reproduction release, performance, display, or disclosure of the Installation Utilities or Embedded Software and

accompanying documentation by the U.S. Government shall be governed solely by the terms of this Agreement and shall be prohibited

except as expressly permitted by the terms of this Agreement.

PROVISIONS APPLICABLE TO RESTRICTED SOFTWARE AND, SUBJECT TO SECTION 1, TO PUBLIC SOFTWARE (ARTICLES 8 - 15):

8. Export Laws

. Notwithstanding any provision of any Public License to the contrary, Snap Appliance shall have no duty to deliver or

otherwise furnish source code of any Public Software if it cannot establish to its reasonable satisfaction that such delivery or furnishing will

not violate applicable US laws and regulations. You hereby assure that you will not export or re-export any Licensed Software except in full

compliance with all applicable laws, regulations, executive orders, and the like pertaining to export and/or re-export, including without

limitation USA versions of the same. No Licensed Software may be exported or re-exported into (or to a national or resident of) any country

to which the U.S. embargoes goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S.

Commerce Department’s Table of Denial Orders. You agree to ascertain necessary licensing procedures and obtain required licenses before

exporting or re-exporting either. You also agree to indemnify Snap Appliance and assume all financial responsibility for any losses it may

suffer if you do not comply with this paragraph.

9. Disclaimer of Warranties

. THE INSTALLATION UTILITIES AND EMBEDDED SOFTWARE ARE LICENSED “AS IS” WITHOUT

WARRANTY OF ANY KIND. SNAP APPLIANCE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, RELATING TO

THE INSTALLATION UTILITIES AND THE EMBEDDED SOFTWARE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED

WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.

10. Limitation of Liability

. IN NO EVENT WILL SNAP APPLIANCE OR ITS LICENSORS’ LIABILITY UNDER THIS AGREEMENT EXCEED

THE PRICE THAT YOU PAID FOR THE INSTALLATION UTILITIES AND EMBEDDED SOFTWARE. FURTHERMORE, IN NO EVENT

WILL SNAP APPLIANCE OR ITS LICENSORS BE LIABLE FOR ANY LOST PROFITS, LOST DATA, COST OF PROCUREMENT OF

SUBSTITUTE GOODS OR SERVICES, OR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES

ARISING OUT OF OR UNDER THIS AGREEMENT OR THE APPLICABLE PUBLIC LICENSE. The limitation of liability set forth in this

paragraph will apply whether or not Snap Appliance or its licensor was advised of the possibility of the loss, liability, or damages and

notwithstanding any failure of essential purpose of any limited remedy. Since some states do not allow exclusions or limitations of liability

for consequential or incidental damages, this provision may not apply to you.

11. Waiver

. No delay or failure of Snap Appliance to exercise any right under this Agreement, nor any partial exercise thereof, shall be deemed

to constitute a waiver of any rights granted hereunder or at law.

12. Unlawful Provision(s)

. If any provision of the Agreement is held to be unenforceable for any reason, all other provisions of this Agreement

shall nevertheless be deemed valid and enforceable to the fullest extent possible.

13. Applicable Law

. Except with respect to any Public Software program for which the applicable Public License contains provisions expressly

stating the applicable governing law (with respect to which the law so specified shall govern all aspects of such agreement, including the

provisions incorporated into such Public License hereunder), the terms of this Agreement (including, to the extent allowable under the

Public License, all software governed by a Public License which does not specify a governing law) will be governed by the laws of the State

of California, without reference to its choice of law rules, and the United States, including U.S. Copyright laws.

14. Entire Agreement

. This Agreement and all applicable Public Licenses supersede all proposals, negotiations, conversations, discussions, all

other agreements, oral or written, and all past course of dealing between you and Snap Appliance relating to the Licensed Software or the

terms of its license to you, and may only be modified in writing signed by you and Snap Appliance.

15. Contractor/Manufacturer

. Snap Appliance, Inc., 2001 Logic Drive, San Jose, CA 95124, USA

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APC Snap Server 2200 User Manual Page 4

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