2Wire 1000SW manual

6.Limitation of Liability. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, THE COMPANY AND ITS LICENSORS SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT OR UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (i) FOR ANY AMOUNTS IN EXCESS IN THE AGGREGATE OF THE FEES PAID TO IT HEREUNDER WITH RESPECT TO THE APPLICABLE PRODUCT DURING OR PRIOR TO THE CAUSE OF ACTION; OR (ii) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES OR RIGHTS; (iii) FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES; (iv) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (v) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.

7.Miscellaneous. This Agreement and the licenses granted hereunder are assignable or transferable by Licensee only in conjunction with the sale and transfer of the 2Wire Product within which the software was first delivered. 2Wire may assign this Agreement in whole or in part. Any notice, report, approval or consent required or permitted hereunder shall be in writing. Licensee hereby represents that Licensee is not an agency, department or other entity of the United States Government. If this license is acquired under a U.S. Government contract, use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in FAR subparagraphs 52.227.19 (a) and (d) for civilian agency contracts and DFARS 252.227-7013@(ii) for Department of Defense contracts. No failure or delay in exercising any right hereunder will operate as a waiver thereof, nor will any partial exercise of any right or power hereunder preclude further exercise. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement shall be deemed to have been made in, and shall be construed pursuant to the laws of, the State of California and the United States without regard to conflicts of laws or provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. Any waivers or amendments shall be effective only if made in writing. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement. The prevailing party in any action to enforce this Agreement will be entitled to recover its attorney’s fees and costs in connection with such action. Licensee represents that it is not a government agency and it is not acquiring the license pursuant to a government contract or with government funds.

48