39
(b) GNU Lesser General Public License (LGPL), the terms of which is currently available at
http://www.gnu.org/copyleft/lesser.html
; and/or
(c) Code Project Open License (CPOL), the terms of which is currently available at
http://www.codeproject.com/info/cpol10.aspx
.
The above license terms will control solely with respect to the open source components. In the event that this Agreement conflicts with the
requirements of the above one or more terms with respect to the use of the corresponding open source components, Customer agrees to be
bound by such one or more license terms.
7. Disclaimer. TRANSCEND MAKES NO WARRANTY AND REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION,
LICENSED SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE LICENSED SOFTWARE FOR
ANY PURPOSE. ALL SUCH INFORMATION, LICENSED SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TRANSCEND HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, LICENSED SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING
ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE
EFFORT, TITLE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL TRANSCEND BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTION WITH THE USE, PERFORMANCE OR ACCURACY OF THE LICENSED
SOFTWARE OR WITH THE DELAY OR INABILITY TO USE THE LICENSED SOFTWARE, OR THE PRODUCT WITH WHICH THE
LICENSED SOFTWARE IS ASSOCIATED, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF TRANSCEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Limitation of Liability. IN ANY CASE, TRANSCEND 'S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT
WILL BE LIMITED TO THE TOTAL AMOUNT ACTUALLY AND ORIGINALLY PAID AT RETAIL BY CUSTOMER FOR THE PRODUCT. The
foregoing Disclaimer and Limitation of Liability will apply to the maximum extent permitted by applicable law. Some jurisdictions do not allow
the exclusion or limitation of incidental or consequential damages, so the exclusions and limitations set forth above may not apply.
9. Termination. Transcend may, in addition to any other remedies available to Transcend, terminate this Agreement immediately if
Customer breaches any of its obligations under this Agreement.
10. Miscellaneous. (a) This Agreement constitutes the entire agreement between Transcend and Customer concerning the subject matter
hereof, and it may only be modified by a written amendment signed by an authorized executive of Transcend. (b) Except to the extent
applicable law, if any, provides otherwise, this Agreement will be governed by the law of the Republic of China, excluding its conflict of law
provisions. (c) If any part of this Agreement is held invalid or unenforceable, and the remaining portions will remain in full force and effect. (d)
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or
condition or any subsequent breach thereof. (e) Transcend may assign its rights under this Agreement without condition. (f) This Agreement
will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
