Navini Networks MX manual Indemnifications and Warranty

Page 41

Navini Networks, Inc.

Ripwave MX Modem User Guide

ARTICLE 4

INDEMNIFICATIONS AND WARRANTY

4.1Intellectual Property Indemnification; Entire Liability. ARTICLE 15 OF THE SUPPLY AGREEMENT TO WHICH THIS AGREEMENT IS ATTACHED STATES THE ENTIRE LIABILITY OF NAVINI NETWORKS, INC. WITH RESPECT TO INFRINGEMENT OF COPYRIGHTS, TRADE SECRETS, TRADEMARKS, PATENTS, AND OTHER INTELLECTUAL PROPERTY RIGHTS BY THE LICENSED SOFTWARE, DOCUMENTATION, OR ANY PARTS THEREOF, AND NAVINI NETWORKS, INC. SHALL HAVE NO ADDITIONAL LIABILITY WITH RESPECT TO ANY ALLEGED OR PROVEN INFRINGEMENT.

4.2Warranty. EXCEPT AS GRANTED IN THE BODY OF THE SUPPLY AGREEMENT TO WHICH THIS LICENSE AGREEMENT IS ATTACHED, THE LICENSED SOFTWARE IS PROVIDED BY NAVINI NETWORKS, INC. “AS IS” AND WITHOUT WARRANTY OF ANY KIND OR NATURE, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITATION OF WARRANTIES WAS A MATERIAL FACTOR IN THE ESTABLISHMENT OF THE LICENSE FEE CHARGED FOR EACH SPECIFIC ITEM OF SOFTWARE LICENSED.

ARTICLE 5

LIMITATION OF LIABILITY

5.1Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, IN NO EVENT SHALL NAVINI NETWORKS, INC. OR ANY THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, DELIVERY, OR LICENSING OF THE SOFTWARE BE LIABLE FOR ANY LOST REVENUES, PROFITS OR DATA OR OTHER SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY, EVEN IF NAVINI NETWORKS, INC. HAS, OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, OF THE POSSIBILITY OF SUCH DAMAGES.

5.2License-Fee Limitation. Except for the indemnification provisions of Article 15, Navini Networks, Inc.’s maximum liability for damages is limited to the license fees paid by Buyer under this Agreement for the particular licensed Software that caused the damages.

5.3Loss of Data. Software error can cause a significant loss of data. Navini Networks, Inc. shall not be responsible for any loss of data. Navini Networks, Inc.’s responsibility is to correct the Software error as provided in this License Agreement or the Supply Agreement to which it is attached. It is Licensee’s responsibility to have adequate backup procedures to protect Buyer from significant loss of valid data.

41

41

060825_pv1.6_Ripwave-MX Modem User Guide_40-00382-00Rc(4.5)

 

Page 40 Page 42
Image 41
Page 40 Page 42
Contents For use with all RipwaveTM MX Modem models Ripwave MX Modem User GuideTable of Contents Navini Networks, Inc Ripwave MX Modem User Guide Permissions, Trademarks & Distribution Safety Battery Caution & Procedures Regulatory Information 2.4, 2.5-2.6, 3.4 & 3.5 GHz LMX Modem Introduction Package Inventory Modem ModelsOperating Frequencies Minimum Computing RequirementsGeneral Information Hard DriveLMX Modems 2.3, 2.4, 2.5-2.6, 3.4, & 3.5 GHz Physical CharacteristicsFront BackStep Action Illustration Installing the ModemInstalling the Modem Liquid Crystal Display LCD Accessing the Internet TroubleshootingLCD LCD IndicatorsNavdiagwindows.exe Installing Navini Diagnostics NavDiagInstalling NavDiag Step Action Illustration Troubleshooting Using Navini Diagnostics NavDiag Icons Signal Strength Signal Quality BarsHow to Increase the Strength and Quality of the Signal Parameters Screen Option Buttons Configuration Screen Trend Analysis Screen Statistics Screen About Screen Help Button Programs NavDiag Uninstall Uninstalling Navini Diagnostics NavDiagUsage Approximate Hours of Usage Before Recharge Required Optional Battery PacksLED Connecting the S-EBP Indicator Light on the S-EBPCharging the S-EBP HD-EBP Connecting DisconnectingIndicator Light on the HD-EBP Care and Maintenance Upgrading the Modem Navini Networks, Inc Ripwave MX Modem User Guide Operating System Ethernet interface Addendum 1 Ripwave-MX Modem PC TroubleshootingConfiguration Options Install Log Detail Navini Networks, Inc Ripwave MX Modem User Guide Navini Networks, Inc Ripwave MX Modem User Guide Navini Networks, Inc Ripwave MX Modem User Guide Between Navini Networks, Inc Buyer Addendum 2 End User Software License AgreementTrade Secrets Indemnifications and Warranty Object Code ONLY-NO Modifications
Top Page Image Contents