Sunrise Global and CM500 IP, CM250 IP, CM100 IP manual 118

118

PC-IP Software

User’s Manual

or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the software product or the provision of or failure to provide support services, even if Sunrise Telecom has been advised of the possibility of such damages. In any case, Sunrise Telecom’s entire liability under any provision of this Agreement shall be limited to the greater of the amount actually paid by you for the software product or US$5.00; provided however, if you have entered into a Sunrise Telecom Support Services Agreement, Sunrise Telecom’s entire liability regarding Support Services shall be governed by the terms of that agreement. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.

HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage (“High Risk Activities”). Licensor and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

US GOVERNMENT END USERS. This Agreement is not valid and shall not come into effect for any unit or agency of the United States government until the execution and delivery by both you and Sunrise Telecom, Inc. of a RESTRICTED RIGHTS Government User Supplement in the form required by Sunrise Telecom, Inc.

MISCELLANEOUS. If the copy of the Software you received was accompanied by a printed or other form of “hard-copy” End User License Agreement whose terms vary from this Agreement, then the hard-copy End User License Agreement governs your use of the Software. This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT