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whether in contract, tort (including negligence), or otherwise, exceed the price
paid by Customer.
The foregoing limitations shall apply even if the above-stated warranty fails of its
essential purpose. SOME STATES DO NOT ALLOW LIMITATION OR
EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES.
The above warranty DOES NOT apply to any evaluation Equipment made
available for testing or demonstration purposes. All such Equipment is provided
AS IS without any warranty whatsoever.
Customer agrees the Equipment and related documentation shall not be used in
life support systems, human implantation, nuclear facilities or systems or any
other application where failure could lead to a loss of life or catastrophic property
damage, or cause or permit any third party to do any of the foregoing.
All information or feedback provided by Customer to Xirrus with respect to the
Product shall be Xirrus' property and deemed confidential information of Xirrus.
Equipment including technical data, is subject to U.S. export control laws,
including the U.S. Export Administration Act and its associated regulations, and
may be subject to export or import regulations in other countries. Customer
agrees to comply strictly with all such regulations and acknowledges that it has
the responsibility to obtain licenses to export, re-export, or import Equipment.
This Agreement shall be governed by and construed in accordance with the laws
of the State of California, United States of America, as if performed wholly within
the state and without giving effect to the principles of conflict of law. If any
portion hereof is found to be void or unenforceable, the remaining provisions of
this Warranty shall remain in full force and effect. This Warranty constitutes the
entire agreement between the parties with respect to the use of the Equipment.
Manufacturer is Xirrus, Inc. 2101 Corporate Center Drive Thousand Oaks, CA
91320
