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Navini Networks, Inc. PMX User’s Guide
ARTICLE 4
INDEMNIFICATIONS AND WARRANTY
4.1
Intellectual Property Indemnification; Entire Liability. ARTICLE 15 OF THE SUPPLY
AGREEMENT TO WHICH THIS AGREEMENT IS ATTACHED STATES THE
ENTIRE LIABILITY OF NAVINI NETWORKS, INC. WITH RESPECT TO
INFRINGEMENT OF COPYRIGHTS, TRADE SECRETS, TRADEMARKS,
PATENTS, AND OTHER INTELLECTUAL PROPERTY RIGHTS BY THE
LICENSED SOFTWARE, DOCUMENTATION, OR ANY PARTS THEREOF, AND
NAVINI NETWORKS, INC. SHALL HAVE NO ADDITIONAL LIABILITY WITH
RESPECT TO ANY ALLEGED OR PROVEN INFRINGEMENT.
4.2
Warranty. EXCEPT AS GRANTED IN THE BODY OF THE SUPPLY AGREEMENT
TO WHICH THIS LICENSE AGREEMENT IS ATTACHED, THE LICENSED
SOFTWARE IS PROVIDED BY NAVINI NETWORKS, INC. “AS IS” AND
WITHOUT WARRANTY OF ANY KIND OR NATURE, WRITTEN OR ORAL,
EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THIS LIMITATION OF WARRANTIES WAS A MATERIAL FACTOR
IN THE ESTABLISHMENT OF THE LICENSE FEE CHARGED FOR EACH
SPECIFIC ITEM OF SOFTWARE LICENSED.
ARTICLE 5
LIMITATION OF LIABILITY
5.1
Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY THE
APPLICABLE LAW, IN NO EVENT SHALL NAVINI NETWORKS, INC. OR ANY
THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION, DELIVERY, OR
LICENSING OF THE SOFTWARE BE LIABLE FOR ANY LOST REVENUES,
PROFITS OR DATA OR OTHER SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND
REGARDLESS OF THEORY OF LIABILITY, EVEN IF NAVINI NETWORKS, INC.
HAS, OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR
CONSTRUCTIVE, OF THE POSSIBILITY OF SUCH DAMAGES.
5.2
License-Fee Limitation. Except for the indemnification provisions of Article 15, Navini
Networks, Inc.’s maximum liability for damages is limited to the license fees paid by
Buyer under this Agreement for the particular licensed Software that caused the damages.
5.3
Loss of Data. Software error can cause a significant loss of data. Navini Networks, Inc.
shall not be responsible for any loss of data. Navini Networks, Inc.’s responsibility is to
correct the Software error as provided in this License Agreement or the Supply
Agreement to which it is attached. It is Licensee’s responsibility to have adequate
backup procedures to protect Buyer from significant loss of valid data.
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