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ZyXEL FSG1100HN Manual

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Appendix F Legal Information
FSG1100HN User’s Guide
182
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.
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
… 182


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