Navini Networks, Inc.
Ripwave MX Modem User Guide
ARTICLE 4
INDEMNIFICATIONS AND WARRANTY
.1
Intellectual Property Indemnification; Entire Liability
4
. ARTICLE 15 OF THE SUPPLY
GREEMENT IS ATTACHED STATES THE ENTIRE
GHTS BY THE LICENSED SOFTWARE,
ANY PARTS THEREOF, AND NAVINI NETWORKS, INC.
SHALL HAVE NO ADDITIONAL LIABILITY WITH RESPECT TO ANY ALLEGED OR
AGREEMENT TO WHICH THIS A
LIABILITY OF NAVINI NETWORKS, INC. WITH RESPECT TO INFRINGEMENT OF
COPYRIGHTS, TRADE SECRETS, TRADEMARKS, PATENTS, AND OTHER
INTELLECTUAL PROPERTY RI
DOCUMENTATION, OR
PROVEN INFRINGEMENT.
4.2
Warranty. EXCEPT AS GRANTED IN THE BODY OF THE SUPPLY AGREEMENT TO
ACHED, THE LICENSED SOFTWARE IS
PROVIDED BY NAVINI NETWORKS, INC. “AS IS” AND WITHOUT WARRANTY OF
) THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
F SOFTWARE LICENSED.
TICLE 5
LIMITATION OF LIABILITY
WHICH THIS LICENSE AGREEMENT IS ATT
ANY KIND OR NATURE, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING
(WITHOUT LIMITATION
FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITATION OF WARRANTIES WAS A
MATERIAL FACTOR IN THE ESTABLISHMENT OF THE LICENSE FEE CHARGED FOR
EACH SPECIFIC ITEM O
AR
5.1
Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE
ERY, OR LICENSING OF THE
L, CONSEQUENTIAL, OR PUNITIVE DAMAGES,
D REGARDLESS OF THEORY OF LIABILITY, EVEN IF NAVINI
LEDGE, ACTUAL OR
AGES.
LAW, IN NO EVENT SHALL NAVINI NETWORKS, INC. OR ANY THIRD PARTY
ATION, PRODUCTION, DELIV
INVOLVED IN THE CRE
SOFTWARE BE LIABLE FOR ANY LOST REVENUES, PROFITS OR DATA OR OTHER
SPECIAL, INDIRECT, INCIDENTA
HOWEVER CAUSED AN
NETWORKS, INC. HAS, OR SHOULD HAVE HAD ANY KNOW
E POSSIBILITY OF SUCH DAM
CONSTRUCTIVE, OF TH
.2
License-Fee Limitation
5
. Except for the indemnification provisions of Article 15, Navini
Networks, Inc.’s maximum liability for damages is limited to the license fees paid by Buyer under
ed the damages.
this Agreement for the particular licensed Software that caus
5.3
Loss of Data. Software error can cause a significant loss of data. Navini Networks, Inc. shall not
s, Inc.’s responsibility is to correct the
ent or the Supply Agreement to which it is
attached. It is Licensee’s responsibility to have adequate backup procedures to protect Buyer
be responsible for any loss of data. Navini Network
in this License Agreem
Software error as provided
from significant loss of valid data.
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