8.The entire liability of Adaptec and its licensors, and your exclusive remedy for a breach of this warranty, shall be:
a.The replacement of any media not meeting the above limited warranty which is returned to Adaptec; or:
b.If Adaptec or its distributor is unable to deliver replacement media which is free from defects in materials or workmanship, you may terminate this Agreement by returning the Software and your money will be refunded.
9.Limitation of Liability. IN NO EVENT WILL ADAPTEC OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR LOSS OF DATA, EVEN IF ADAPTEC OR A LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some states do not allow the exclusion or limitation of special, incidental, or consequential damages, so the above limitation or exclusion may not apply to you.
10.Export. You acknowledge that the laws and regulations of the United States and other countries may restrict the export and
11.Government Restricted Rights. The Software is subject to restricted rights as follows. If the Software is acquired under the terms of a GSA contract: use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract. If the Software is acquired under the terms of a DoD or civilian agency contract, use, duplication or disclosure by the Government is subject to the restrictions of this Agreement in accordance with 48 C.F.R. 12.212 of the Federal Acquisition Regulations and its successors and
49 C.F.R.
12.General. You acknowledge that you have read this Agreement, understand it, and that by using the Software you agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between Adaptec and you, and supersedes any proposal or prior agreement, oral or written, and any other communication between Adaptec and you relating to the subject matter of this Agreement. No additional or any different terms will be enforceable against Adaptec unless Adaptec gives its express consent, including an express waiver of the terms of this Agreement, in writing signed by an officer of Adaptec. You assume full responsibility for the use of the Software and agree to use the Software legally and responsibly. This Agreement shall be governed by California law, except as to copyright matters, which are covered by Federal law. This Agreement is deemed entered into at Milpitas, California by both parties. Should any provision of this Agreement be declared unenforceable in any jurisdiction, then such provision shall be deemed severable from this Agreement and shall not affect the remainder hereof. All rights in the Software not specifically granted in this Agreement are reserved by Adaptec.
Should you have any questions concerning this Agreement, you may contact Adaptec by writing to:
Adaptec, Inc.
Legal Department
691 South Milpitas Boulevard
Milpitas, California 95035.
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