ZyXEL Communications wireless active fiber router manual Indemnification by You

Appendix F Legal Information

You agree that GoAhead and its distributors and dealers will not be LIABLE for defense or indemnity with respect to any claim against You by any third party arising from your possession or use of the Original Code or the Documentation.

In no event will GoAheadtotal liability to You for all dam ages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) exceed the amount You paid for this product.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, AND SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

7. Indemnification by You.

You agree to indemnify and hold GoAhead harmless against any and all claims, losses, damages and costs (including legal expenses and reasonable counsel fees) arising out of any claim of a third party with respect to the contents of the Your products, and any intellectual property rights or other rights or interests related thereto.

8. High Risk Activities.

The Original Code is not fault-tolerant and is not designed , manufactured or intended for use or resale as online 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 Original Code could lead directly to death, personal injury, or severe physical or environmental damage. GoAhead and its suppliers specifically disclaim any express or implied warranty of fitness for any high risk uses listed above.

9. Government Restricted Rights.

For units of the Department of Defense, use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013. Contractor/manufacturer is GoAhead Software, Inc., 10900 N.E. 8th Street, Suite 750, Bellevue, Washington 98004.

If the Commercial Computer Software Restricted rights clause at FAR 52.227-19 or its successors apply, the Software and Documentation constitute restricted computer software as defined in that clause and the Government shall not have the license for published software set forth in subparagraph (c)(3) of that clause.

The Original Code (i) was developed at private expense, and no part of it was developed with governmental funds; (ii) is a trade secret of GoAhead (or its licensor(s)) for all purposes of the Freedom of Information Act; (iii) is "restricted computer software" subject to limited utilization as provided in the contract between the vendor and the governmental entity; and (iv) in all respects is proprietary data belonging solely to GoAhead (or its licensor(s)).

10. Governing Law and Interpretation.

This Agreement shall be interpreted under and governed by the laws of the State of Washington, without regard to its rules governing the conflict of laws. If any provision of this Agreement is held illegal or unenforceable by a court or tribunal of competent jurisdiction, the remaining provisions of this Agreement shall remain in effect and the

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FSG1100HN User’s Guide