Inhaltsverzeichnis
Werbung
6. Limitation of Liability
YOUR SOLE REMEDIES AND GOAHEAD'S ENTIRE LIABILITY ARE SET FORTH
ABOVE. IN NO EVENT WILL GOAHEAD OR ITS DISTRIBUTORS OR DEALERS BE
LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
RESULTING FROM THE USE OF THE ORIGINAL CODE, THE INABILITY TO USE THE
ORIGINAL CODE, OR ANY DEFECT IN THE ORIGINAL CODE, INCLUDING ANY
LOST PROFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE.
You agree that GoAhead and its distributors and dealers will not be LIABLE for
defense or indemnity with respect to any claim against You by any third party
arising from your possession or use of the Original Code or the Documentation.
In no event will GoAhead's total liability to You for all damages, losses, and
causes of action (whether in contract, tort, including negligence, or otherwise)
exceed the amount You paid for this product.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, AND SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH
VARY FROM STATE TO STATE.
7. Indemnification by You
You agree to indemnify and hold GoAhead harmless against any and all claims,
losses, damages and costs (including legal expenses and reasonable counsel
fees) arising out of any claim of a third party with respect to the contents of the
Your products, and any intellectual property rights or other rights or interests
related thereto.
8. High Risk Activities
The Original Code is not fault‐tolerant and is not designed, manufactured or
intended for use or resale as online control equipment in hazardous
environments requiring fail‐safe performance, such as in the operation of
nuclear facilities, aircraft navigation or communication systems, air traffic
control, direct life support machines or weapons systems, in which the failure
of the Original Code could lead directly to death, personal injury, or severe
Rechtliche Hinweise
105
Werbung
Inhaltsverzeichnis
