Appendix E Open Software Announcements
NWA1300-NJ User’s Guide
145
or written statement by GoAhead or by a representative of GoAhead shall create a
warranty or increase the scope of this warranty.
GOAHEAD DOES NOT WARRANT THE ORIGINAL CODE AGAINST INFRINGEMENT
OR THE LIKE WITH RESPECT TO ANY COPYRIGHT, PATENT, TRADE SECRET,
TRADEMARK OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY AND DOES
NOT WARRANT THAT THE ORIGINAL CODE DOES NOT INCLUDE ANY VIRUS,
SOFTWARE ROUTINE OR OTHER SOFTWARE DESIGNED TO PERMIT
UNAUTHORIZED ACCESS, TO DISABLE, ERASE OR OTHERWISE HARM SOFTWARE,
HARDWARE OR DATA, OR TO PERFORM ANY OTHER SUCH ACTIONS.
Any warranties that by law survive the foregoing disclaimers shall terminate
ninety (90) days from the date You received the Original Code.
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? 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.
