ZyXEL NWA3000-N User Manual Page 334

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Appendix D Open Software Announcements
NWA3000-N Series User’s Guide
334
any proprietary notice of ZyXEL or any of its licensors from any copy of the Software or
Documentation.
4.Restrictions
You may not publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, or create
derivative works of the Software, or any part thereof. You may not assign, sublicense, convey or
otherwise transfer, pledge as security or otherwise encumber the rights and licenses granted
hereunder with respect to the Software. ZyXEL is not obligated to provide any maintenance, technical
or other support for the resultant modified Software. You may not copy, reverse engineer, decompile,
reverse compile, translate, adapt, or disassemble the Software, or any part thereof, nor shall you
attempt to create the source code from the object code for the Software. Except as and only to the
extent expressly permitted in this License, you may not market, co-brand, and private label or
otherwise permit third parties to link to the Software, or any part thereof. You may not use the
Software, or any part thereof, in the operation of a service bureau or for the benefit of any other
person or entity. You may not cause, assist or permit any third party to do any of the foregoing.
Portions of the Software utilize or include third party software and other copyright material.
Acknowledgements, licensing terms and disclaimers for such material are contained in the License
Notice as below for the third party software, and your use of such material is exclusively governed by
their respective terms. ZyXEL has provided, as part of the Software package, access to certain third
party software as a convenience. To the extent that the Software contains third party software, ZyXEL
has no express or implied obligation to provide any technical or other support for such software other
than compliance with the applicable license terms of such third party, and makes no warranty (express,
implied or statutory) whatsoever with respect thereto. Please contact the appropriate software vendor
or manufacturer directly for technical support and customer service related to its software and
products.
5.Confidentiality
You acknowledge that the Software contains proprietary trade secrets of ZyXEL and you hereby agree
to maintain the confidentiality of the Software using at least as great a degree of care as you use to
maintain the confidentiality of your own most confidential information. You agree to reasonably
communicate the terms and conditions of this License Agreement to those persons employed by you
who come into contact with the Software, and to use reasonable best efforts to ensure their
compliance with such terms and conditions, including, without limitation, not knowingly permitting
such persons to use any portion of the Software for the purpose of deriving the source code of the
Software.
6.No Warranty
THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZyXEL
DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. ZyXEL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE
SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERUPTED FASHION, OR THAT ANY DEFECTS
OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH
ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF
IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU. IF THIS EXCLUSION IS HELD TO BE
UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THEN ALL EXPRESS AND IMPLIED
WARRANTIES SHALL BE LIMITED IN DURATION TO A PERIOD OF THIRTY (30) DAYS FROM THE DATE
OF PURCHASE OF THE SOFTWARE, AND NO WARRANTIES SHALL APPLY AFTER THAT PERIOD.
7.Limitation of Liability
IN NO EVENT WILL ZyXEL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR
EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR
LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
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