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Appendix D Open Software Announcements

NWA3000-N Series User’s Guide

335

SOFTWARE OR PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF ZyXEL HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZyXEL's TOTAL AGGREGATE LIABILITY WITH
RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE
SOFTWARE AND DOCUMENTATION OR OTHERWISE SHALL BE EQUAL TO THE PURCHASE PRICE, BUT
SHALL IN NO EVENT EXCEED THE PRODUCT’S PRICE. BECAUSE SOME STATES/COUNTRIES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8.Export Restrictions

THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY APPLICABLE LAWS, REGULATIONS,
ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT OF THE SOFTWARE OR INFORMATION ABOUT
SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME. YOU SHALL NOT EXPORT THE
SOFTWARE, DOCUMENTATION OR INFORMATION ABOUT THE SOFTWARE AND DOCUMENTATION
WITHOUT COMPLYING WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS. YOU
AGREE TO INDEMNIFY ZyXEL AGAINST ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS AND
EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, TO THE EXTENT SUCH CLAIMS ARISE OUT
OF ANY BREACH OF THIS SECTION 8.

9.Audit Rights

ZyXEL SHALL HAVE THE RIGHT, AT ITS OWN EXPENSE, UPON REASONABLE PRIOR NOTICE, TO
PERIODICALLY INSPECT AND AUDIT YOUR RECORDS TO ENSURE YOUR COMPLIANCE WITH THE
TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.

10.Termination

This License Agreement is effective until it is terminated. You may terminate this License Agreement
at any time by destroying or returning to ZyXEL all copies of the Software and Documentation in your
possession or under your control. ZyXEL may terminate this License Agreement for any reason,
including, but not limited to, if ZyXEL finds that you have violated any of the terms of this License
Agreement. Upon notification of termination, you agree to destroy or return to ZyXEL all copies of the
Software and Documentation and to certify in writing that all known copies, including backup copies,
have been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure
shall survive the termination of this Software License Agreement.

11.General

This License Agreement shall be construed, interpreted and governed by the laws of Republic of China
without regard to conflicts of laws provisions thereof. The exclusive forum for any disputes arising out
of or relating to this License Agreement shall be an appropriate court or Commercial Arbitration
Association sitting in ROC, Taiwan if the parties agree to a binding arbitration. This License Agreement
shall constitute the entire Agreement between the parties hereto. This License Agreement, the rights
granted hereunder, the Software and Documentation shall not be assigned by you without the prior
written consent of ZyXEL. Any waiver or modification of this License Agreement shall only be effective
if it is in writing and signed by both parties hereto. If any part of this License Agreement is found
invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement
shall be interpreted so as to reasonably effect the intention of the parties.

NOTE: Some components of this product incorporate free software programs covered under the open
source code licenses which allows you to freely copy, modify and redistribute the software. For at least
three (3) years from the date of distribution of the applicable product or software, we will give to
anyone who contacts us at the ZyXEL Technical Support (support@zyxel.com.tw), for a charge of no
more than our cost of physically performing source code distribution, a complete machine-readable