ADIC 2.8 manual Disclaimer and Limitation of Liability

Notices and Correspondence

All notices and correspondence sent by one party to the other in all matters will be sent to the addresses listed in the initial paragraph hereof, except as otherwise requested in writing.

DISCLAIMER AND LIMITATION OF LIABILITY

THE LICENSEE HAS THE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACK-UP OF ITS DATA USED IN CONNECTION WITH THE SOFTWARE. IN NO EVENT WILL ADIC BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM THE LOSS OF USE, DATA OR PROFITS, RERUN TIME, INACCURATE INPUT OR WORK DELAYS, OR ANY PERSONAL OR PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE OR THE USE, PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE, WHETHER IN ACTION, IN CONTRACT, OR TORT INCLUDING NEGLIGENCE, EVEN IF ADIC KNEW, SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADIC's LIABILITY FOR DAMAGES HEREUNDER WILL IN NO EVENT EXCEED THE AMOUNT OF FEES PAID BY LICENSEE UNDER THIS LICENSE.

General

a.No Assignment. This License is not assignable. None of the Software or Documentation may be sublicensed, assigned, or transferred to any other party without ADIC’s prior written consent. Any effort contradictory with this is null and void.

b.Modification. This License or any Exhibit hereto can only be modified by a written agreement executed by Licensee and ADIC.

c.Governing Law. The laws of the state of Washington will govern this license. All litigation between the parties, including all applications for injunctive relief, must be conducted before a court of competent jurisdiction within King County, Washington, USA and both parties consent to personal jurisdiction of such court. If any of the provisions of this License are held to be invalid under any applicable statute or law, they are, to that extent, deemed omitted.

d.Enforcement Costs. The party prevailing in any litigation or legal proceeding, including arbitration, arising out of any dispute under this Agreement will be entitled to recover reasonable attorneys’ fees and costs from the other party.

e.Limitations on Actions. Any action, regardless of form, arising out of the transactions under this License, may not be brought by either party more than one (1) year after the cause of action has accrued, except that an action for nonpayment may be brought within four (4) years after the last payment date.

Entirety

Licensee acknowledges that it has read this Software License, understands it, and agrees to be bound by its terms and conditions. Further, Licensee agrees that this is the complete and exclusive statement of the agreement between the parties and supersedes all proposals or prior agreements, oral or written and all other communications between the parties relating to the subject matter of this License. Any variance from the terms and conditions of this License or any supplement in any Licensee purchase order or other written notification or agreement will be of no effect.

StorNext File System and Storage Manager Installation Guide vii