COMfortel 2600 - Firmwareversion 1.2 - COMfortel Set V3.4 - Bedienung und Konfiguration V04 08/2013 565
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13. Limitation of Liability. INDEPENDENT OF THE FORGOING PROVISIONS, IN NO
EVENT AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION, TORT,
CONTRACT, OR STRICT PRODUCTS LIABILITY, SHALL CODESOURCERY BE LIABLE
TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER MALFUN-
CTION, OR ANY OTHER KIND OF COMMERCIAL DAMAGE, EVEN IF CODESOURCERY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION
SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE
EXTENT PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL
CODESOURCERY'S LIABILITY FOR ACTUAL DAMAGES FOR ANY CAUSE
WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, EXCEED THE
AMOUNT PAID BY YOU IN FEES UNDER THIS AGREEMENT DURING THE PREVIOUS
ONE YEAR PERIOD.
14. Export Controls. You agree to comply with all export laws and restrictions and regulations
of the United States or foreign agencies or authorities, and not to export or re-export the
Software or any direct product thereof in violation of any such restrictions, laws or regula-
tions, or without all necessary approvals. As applicable, each party shall obtain and bear all
expenses relating to any necessary licenses and/or exemptions with respect to its own
export of the Software from the U.S. Neither the Software nor the underlying information or
technology may be electronically transmitted or otherwise exported or re-exported (i) into
Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to U.S. trade
sanctions covering the Software, to individuals or entities controlled by such countries, or to
nationals or residents of such countries other than nationals who are lawfully admitted
permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals and Blocked Persons or the
U.S. Commerce Department's Table of Denial Orders. By downloading or using the
Software, Licensee agrees to the foregoing and represents and warrants that it complies
with these conditions.
15. U.S. Government End-Users. The Software is a “commercial item,” as that term is defined
in 48 C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” and
“commercial computer software documentation,” as such terms are used in 48 C.F.R.
12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only
those rights set forth herein.
16. Licensee Outside The U.S. If You are located outside the U.S., then the following provi-
sions shall apply: (i) Les parties aux presentes confirment leur volonte que cette convention
de meme que tous les documents y compris tout avis qui siy rattache, soient rediges en
langue anglaise (translation: “The parties confirm that this Agreement and all related
documentation is and will be in the English language.”); and (ii) You are responsible for
complying with any local laws in your jurisdiction which might impact your right to import,
export or use the Software, and You represent that You have complied with any regulations
or registration procedures required by applicable law to make this license enforceable.