Soma Networks SOMAport 400 User Manual Download

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OPYRIGHT

and no right to repair or replace the Product is intended or provided and specifically, no right of
reconstruction, substitution or repair is provided.

3. TERMINATION: This License is effective until terminated. This License will terminate automatically
if you fail to cure any material breach, as determined at the sole discretion of SOMA, of this Agree-
ment within thirty (30) days after such breach first occurs (or immediately in the case of a breach of
§2). Upon termination, you shall immediately cease all use of the Product and return all of the Prod-
uct including Software, hardware, manuals, documentation of any kind accompanying Product to
the place where you first obtained such Product or such other location as may be designated from
time to time. Except for this License and except as otherwise expressly provided herein, the terms
of the Agreement shall survive termination.

4. WARRANTY DISCLAIMER: THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FIT-
NESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. FURTHER, SOMA DOES NOT
WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE
RESULTS OF THE USE, OF THE PRODUCT OR WRITTEN MATERIALS IN TERMS OF CORRECT-
NESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOUR SERVICE PROVIDER MAY PROVIDE
FURTHER WARRANTY COVERAGE FOR YOU.

5. LIMITATION ON REMEDIES AND DAMAGES: SOMA SHALL NOT BE RESPONSIBLE OR LIABLE
UNDER ANY CIRCUMSTANCE WITH RESPECT TO ANY SUBJECT MATTER OF THIS ENDUSER
PRODUCT LICENSE AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR
OTHER THEORY: (A) FOR LOSS OR INACCURACY OF RECORDS OR DATA OR (EXCEPT FOR
RETURN OF AMOUNTS PAID TO SOMA THEREFOR) COST OF PROCUREMENT OF SUBSTITUTE
GOODS, SERVICES OR TECHNOLOGY, (B) FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CON-
SEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF SAV-
INGS, (C) THIRD-PARTY CLAIMS AGAINST YOU FOR DAMAGES, OR (D) FOR ANY MATTER
BEYOND THE REASONABLE CONTROL OF SOMA EVEN IF SOMA AND / OR ITS SUPPLIERS IS/
ARE INFORMED OF THEIR RESPONSIBILITY. SOME JURISDICTIONS DO NOT ALLOW FOR THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

6. UPDATES TO SOFTWARE and TRANSMISSION OF PERSONAL DATA: You consent to receive
and employ updates to Software, without requiring further notice to you, that may occur from time
to time, as may be necessary, as determined at the sole discretion of SOMA and/or your service
provider, for the use of Product by you and for the efficient utilization of services as may be pur-
chased or subscribed to by you from your service provider. You also agree to the application of the
terms of this Agreement to any and all such updates. You accept and acknowledge that Software
shall be able to transmit such data as is authorized by your service provider in order to allow for the
utilization of services subscribed or purchased by you in order to allow for the billing of such ser-
vices or as may be necessary by law.

7. MISCELLANEOUS: This Agreement and the License provided by this Agreement are not assign-
able or transferable by you without the prior written consent of SOMA. Any attempt by you to do so