Spectrum2 Designer User’s Guide
Document Revision: 060102
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7. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE,
SHALL MEDIAFORM OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY
OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY AND
ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL NETWORK
ASSOCIATES BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE LIST
PRICE MEDIAFORM CHARGES FOR A LICENSE TO THE SOFTWARE, EVEN
IF MEDIAFORM SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME
STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION AND EXCLUSION MIGHT NOT APPLY TO YOU. The foregoing
provisions shall be enforceable to the maximum extent permitted by applicable law.
8. United States Government. The Software and accompanying Documentation are
deemed to be “commercial computer software” and “commercial computer software
documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section
12.212, as applicable. Any use, modification, reproduction, release, performance,
display or disclosure of the Software and accompanying Documentation by the
United States Government shall be governed solely by the terms of this Agreement
and shall be prohibited except to the extent expressly permitted by the terms of this
Agreement.
9. Export Controls. Neither the Software nor the Documentation or any underlying
information or technology may be downloaded or otherwise exported or re-exported
(i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan,
Syria or any other country to which the United States has embargoed goods; or (ii) to
anyone on the United States Treasury Department’s list of Specially Designated
Nations or the United States Commerce Department’s Table of Denial Orders. By
downloading or using the Software you are agreeing to the foregoing provisions and
you are certifying that you are not located in, under the control of, or a national or
resident of any such country or on any such list.
IN ADDITION, YOU SHOULD BE AWARE THAT EXPORT OF THE SOFTWARE
MAY BE SUBJECT TO COMPLIANCE WITH THE RULES AND REGULATIONS
PROMULGATED FROM TIME TO TIME BY THE BUREAU OF EXPORT
ADMINISTRATION, UNITED STATES DEPARTMENT OF COMMERCE, WHICH
RESTRICT THE EXPORT AND RE-EXPORT OF CERTAIN PRODUCTS AND
TECHNICAL DATA. IF THE EXPORT OF THE SOFTWARE IS CONTROLLED
UNDER SUCH RULES AND REGULATIONS, THEN THE SOFTWARE SHALL
NOT BE EXPORTED OR RE-EXPORTED, DIRECTLY OR INDIRECTLY,
(A) WITHOUT ALL EXPORT OR RE-EXPORT LICENSES AND UNITED
STATES OR OTHER GOVERNMENTAL APPROVALS REQUIRED BY ANY
