Appendix H Open Software Announcements

OR ANY DEFECT IN THE ORIGINAL CODE, INCLUDING ANY LOST PROFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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 damages, 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.

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NBG4615 User’s Guide