Transcend StoreJet Cloud Manual De Usuario página 60

6. Open Source. The Licensed Software may contain open source components licensed to Transcend pursuant
to the license terms specified as below,
(a) GNU General Public License (GPL), the terms of which is currently available at
http://www.gnu.org/licenses/gpl.html;
(b) GNU Lesser General Public License (LGPL), the terms of which is currently available at
http://www.gnu.org/copyleft/lesser.html; and/or
(c) Code Project Open License (CPOL), the terms of which is currently available at
http://www.codeproject.com/info/cpol10.aspx.
The above license terms will control solely with respect to the open source components. In the event that this
Agreement conflicts with the requirements of the above one or more terms with respect to the use of the
corresponding open source components, Customer agrees to be bound by such one or more license terms.
7. Disclaimer. TRANSCEND MAKES NO WARRANTY AND REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND
ACCURACY OF THE INFORMATION, LICENSED SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED WITHIN THE LICENSED SOFTWARE FOR ANY PURPOSE. ALL SUCH
INFORMATION, LICENSED SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TRANSCEND HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, LICENSED SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT,
TITLE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL TRANSCEND BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTION WITH THE USE, PERFORMANCE OR ACCURACY OF THE LICENSED SOFTWARE OR WITH
THE DELAY OR INABILITY TO USE THE LICENSED SOFTWARE, OR THE PRODUCT WITH WHICH THE
LICENSED SOFTWARE IS ASSOCIATED, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF TRANSCEND HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
8. Limitation of Liability. IN ANY CASE, TRANSCEND 'S LIABILITY ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT WILL BE LIMITED TO THE TOTAL AMOUNT ACTUALLY AND ORIGINALLY PAID
AT RETAIL BY CUSTOMER FOR THE PRODUCT. The foregoing Disclaimer and Limitation of Liability will apply
to the maximum extent permitted by applicable law. Some jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the exclusions and limitations set forth above may not apply.
9. Termination. Transcend may, in addition to any other remedies available to Transcend, terminate this
Agreement immediately if Customer breaches any of its obligations under this Agreement.
10. Miscellaneous. (a) This Agreement constitutes the entire agreement between Transcend and Customer
concerning the subject matter hereof, and it may only be modified by a written amendment signed by an
authorized executive of Transcend. (b) Except to the extent applicable law, if any, provides otherwise, this
Agreement will be governed by the law of the Republic of China, excluding its conflict of law provisions. (c) If
any part of this Agreement is held invalid or unenforceable, and the remaining portions will remain in full force
and effect. (d) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any
one instance, will not waive such term or condition or any subsequent breach thereof. (e) Transcend may assign
its rights under this Agreement without condition. (f) This Agreement will be binding upon and will inure to the
benefit of the parties, their successors and permitted assigns.