ClearCube Capio One Panduan Memulai Cepat - Halaman 4

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NEOWARE AND ITS SUPPLIERS SHALL HAVE NO

LIABILITY OR FAULT FOR ANY JAVA technology

failures.

•

LIMITATIONS OF LIABILITIES AND EXCLUSIONS.

TO THE MAXIMUM EXTENT PERMITTED BY

APPLICABLE LAW, IN NO EVENT SHALL

NEOWARE OR ITS SUPPLIERS BE LIABLE FOR

ANY SPECIAL, INCIDENTAL, PUNITIVE, INDI-

RECT, OR CONSEQUENTIAL DAMAGES WHAT-

SOEVER (INCLUDING, BUT NOT LIMITED TO,

DAMAGES FOR LOSS OF PROFITS OR CONFI-

DENTIAL OR OTHER LOSS OF PRIVACY, FOR

FAILURE TO MEET ANY DUTY INCLUDING OF

GOOD FAITH OR OF REASONABLE CARE, NEG-

LIGENCE, AND ANY OTHER PECUNIARY OR

OTHER LOSS WHATEVER) ARISING OUT OF OR

IN ANY WAY RELATED TO THE USE OF OR

INABILITY TO USE THE SOFTWARE, THE PROVI-

SION OF OR FAILURE TO PROVIDE SUPPORT

OR OTHER SERVICES, INFORMATION, AND

RELATED CONTENT THROUGH THE SOFTWARE

OR OTHERWISE ARISING OUT OF THE USE OF

THE SOFTWARE, OR OTHERWISE UNDER IN

CONNECTION WITH ANY PROVISION OF THIS

EULA OR ANY SUPPLEMENTAL EULA, EVEN IN

THE EVENT OF FAULT, TORT (INCLUDING NEGLI-

GENCE), MISREPRESENTATION, STRICT OR

PRODUCT LIABILITY, BREACH OF CONTRACT

OR BREACH OF WARRANTY OF NEOWARE OR

ANY SUPPLIER, AND EVEN IF NEOWARE, OR

ANY SUPPLIER HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANY DAMAGES THAT YOU

MIGHT INCUR FOR ANY REASON WHATSOEVER

(INCLUDING WITHOUT LIMITATION, ALL DAM-

AGES REFERENCED AB OVE AND ALL DIRECT

OR GENERAL DAMAGES IN CONTRACT OR ANY-

THING ELSE), THE ENTIRE LIABILITY OF

NEOWARE AND ANY OF ITS SUPPLIERS UNDER

ANY PROVISION OF THIS EULA OR ANY SUP-

PLEMENTAL EULA AND YOUR EXCLUSIVE REM-

EDY FOR ALL OF THE FOREGOING SHALL BE

LIMITED TO THE GREATER OF THE ACTUAL

DAMAGES YOU INCUR IN REASONABLE RELI-

ANCE ON THE SOFTWARE UP TO THE AMOUNT

ACTUALLY PAID BY YOU FOR THE SOFTWARE

OR U.S. $5.00. THE FOREGOING LIMITATIONS,

EXCLUSIONS AND DISCLAIMERS SHALL APPLY

TO THE MAXIMUM EXTENT PERMITTED BY

APPLICABLE LAW, EVEN IF ANY REMEDY FAILS

ITS ESSENTIAL PURPOSE.

IT IS EXPRESSLY UNDERSTOOD AND AGREED

ClearCube Technology

8834 Capital of Texas Hwy N

Austin, Texas 78759

THAT EACH AND EVERY PROVISION OF THIS

EULA WHICH PROVIDES FOR A LIMITATION OF

LIABILITY, DISCLAIMER OF WARRANTIES, OR

EXCLUSIONS OF DAMAGES IS INTENDED BY

THE PARTIES TO BE SEVERABLE AND INDEPEN-

DENT OF ANY OTHER PROVISION AND TO BE

ENFORCED AS SUCH.

•

Limitations on Reverse Engineering, Decompila-

tion, and Disassembly. You may not reverse engi-

neer, decompile, or disassemble the SOFTWARE,

except and only to the extent that such activity is

expressly permitted by applicable law.

•

SOFTWARE TRANSFER ALLOWED BUT WITH

RESTRICTIONS. You may permanently transfer

rights under this EULA only as part of a permanent

sale or transfer of the DEVICE, and only if the recipi-

ent agrees to the provisions of this EULA expressly. If

the SOFTWARE is an upgrade, or snap in, any trans-

fer must also include all prior versions of the SOFT-

WARE.

•

EXPORT RESTRICTIONS. Regardless of any dis-

closure made by or to NEOWARE of an ultimate des-

tination of the SOFTWARE, you acknowledge the

SOFTWARE is subject to U.S. export control laws

and jurisdiction. You acknowledge your exclusive

obligation to ensure that exports from the United

States are in compliance with the U.S. export control

laws. You shall also be responsible for complying

with all applicable governmental regulations of any

foreign countries with respect to the use of the

SOFTWARE outside of the United States. You agree

that you will not submit the SOFTWARE to any gov-

ernment agency for licensing consideration or other

regulatory approval without the prior written consent

of NEOWARE. You shall defend, indemnify, and hold

NEOWARE and its Suppliers harmless from and

against any and all claims, judgements, awards and

costs (including reasonable legal fees) arising out of

your noncompliance with applicable U.S. or foreign

law with respect to the use or unauthorized transfer

of SOFTWARE by you.

•

GOVERNING LAW. This EULA shall be governed by

and controlled under the Commonwealth of Pennsyl-

vania law without reference to its conflicts of law prin-

cipals. In the event of any conflicts between foreign

law, rules, and regulations and United States of

America law, rules and regulations, United States of

America Law, rules and regulations shall prevail and

govern. The United Nations Convention on Contracts

for the International Sales of goods shall not apply to

this EULA.

voice 512 652 3500 www.clearcube.com

– December 10, 2003

G020042-A Rev 8/4/2005