License Agreement
CUSTOMER REMEDIES.
Castelle and its suppliers' entire liability and your exclusive remedy shall be, at Castelle's option, either (a) repair or (b) replacement of the SOFTWARE if defective. This LIMITED Warranty is void if failure of the SOFT- WARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
NO OTHER WARRANTIES
CASTELLE DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND THE ACCOMPA- NYING MATERIALS. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE TO STATE. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL CASTELLE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSO- EVER (INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT, CONSEQUENTIAL, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OR DISCLOSURE OF LIC- ENSEE DATA OR BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS), WHETHER ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR THE PRODUCT, EVEN IF CASTELLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS ABOVE SHALL APPLY EVEN IF THE REMEDIES PROVIDED IN THIS AGREEMENT SHALL FAIL OF THEIR ESSEN- TIAL PURPOSE. Some states do not allow the exclusion or limitation of liability for consequential or incidental damages; the above limitation may not apply to you.
GENERAL.
The SOFTWARE and Documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclo- sure by the Government is subject to restrictions set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer SOFTWARE clause of DFARS
ENTIRE AGREEMENT.
This is the entire agreement between the parties and supercedes all other oral or written agreements, representa- tions or understandings. This Agreement is governed by the laws of the state of California without regard to its conflict of laws principles. The United Nations Convention on the International Sale of Goods is expressly dis- claimed. The parties agree to the nonexclusive jurisdiction of the State and Federal Courts in the State of Califor- nia, U.S.A. for al purposes under this Agreement. Should you have any questions concerning this Agreement, or if you desire to contact Castelle for any reason, please write or email to: Castelle Customer Service, 855 Jarvis Drive, Suite 100, Morgan Hill, CA 95037, or to support@castelle.com.
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