●5
6. Special Terms A pplicable t o D a tabases. Where a database is included with the
Softwar e , you ackn owledge that it is lic ensed only in connection with the use of
the Software to perform disc creation, and that the database and all data deriv ed
therefr om must be maintain ed in c onfide nce in acc or danc e with the pr ovisions of
Section 4. This license does not grant you any rights to distribute or disclose such
database or data.
7. Limited Warranty. Adaptec and its Licensor warrant only that the media upon
which the Software is furnished will be free from defects in material or
workmanship under normal use and service for a period of thirty (30) days from
the date of delivery to you. ADAPTEC AND ITS LICENSORS DO NOT AND
CANNOT WARRANT THE PER FORMANCE OR RESULTS YOU MAY
OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE
FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES ADAPTEC
AND ITS LICENSORS WILL PROVIDE FOR BREACH OF WARRANTY.
EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ADAPTEC AND ITS
LICENSORS MAKE NO WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING, BU T NOT LIMITED, AS T O NON-INFR INGEM EN T OF THIRD
PARTY RIGHTS , ME RCHAN TABILITY O R FITN ESS FO R A PA RTICULAR
PURPOSE. Some states do not allow the exclusion of implied warranties or
limitations on how long an implied warranty may last, so the abov e limitations
may not app ly to you. This warranty giv es you specific legal rights and you may
also ha ve other rights which va ry from sta t e to state.
8. The entire liability of Adaptec and its licensors, and your exclusive remedy for a
breach of this warranty, shall be:
●
The replacement of any media not meeting the above limited warranty which
is returned to Adaptec; or:
●
If Ad apt ec or its distributor is unable to delive r r e placement media which is
free from defects in materials or workmanship, you may terminate this
Agr eem ent by returnin g the Software and your money will be refunded.
9. Limitation of Liability . IN NO E VENT 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 DA MAGES, OR FOR ANY CLAIM BY ANY OTHER
PARTY. Some states do not allow the exclus ion or limitation of special,
incidental, or consequential damages, so the above limitation or exclusion ma y
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 re-export of the Software. You agree
that you will not export or re-export the Software or documentation in an y form
in violation of applicable United States and foreign law.
11. Government Restricted Rights. The Software is su bject to restricted rights a s
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