Chapter 6Appendix A SpecificationsAppendix
P-27XX Series User’s Guide
50
2.Ownership
Y ou have no ownership rights in the Software. Rather , you have a license to use the Software as long as this License Agreement
remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall rem ain
at all times with ZyXEL. Any other use of the Sof tware by any other entity is strictly forbidden and is a violation of this License
Agreement.
3.Copyright
The Software and Documentation contain material that is protected by United S tates Copyright Law and trade secret law , and by
international treaty provisions. All rights not granted to you herein are expressly reserved by ZyXEL. Y ou may not remove any
proprietary notice of ZyXEL or any of its licensors from any copy of the Software or Document ation.
4.Restrictions
Y ou may not publish, display , disclose, sell, rent, lease, modify, store, loan, distribute, or create derivative w orks of the Software,
or any part thereof. Y ou may not assign, sublicense, convey or otherwise transfer , pledge as security or o therwise encumber the
rights and licenses granted hereunder with respect to the Software. Certain component s of the Software, and third party open
source programs included with the Software, have been or may be made available by ZyXEL on its Open Source web site (ftp://
opensource.zyxel.com) (collectively the “Open-Sourced Components”) Y ou may modify or replace only these Open-Sourced
Components; provided that you comply with the terms of this License and any applicable licensing terms governing use of the
Open-Sourced Components. ZyXEL is not o bligated to provide an y maintenance, techni cal or other support for the resultant
modified Software. Y ou may not copy , reverse engineer , decom pile, reverse compile, translate, adapt, or disassemble the
Software, or any part thereof, nor shall you attempt to create the source code from the object code for the Software. Except as
and only to the extent expressly permitted in this License, by applicable licensing terms governing use of the Open-Sourced
Components, or by applicable law , you may not market, co-brand, private label or otherwise permit third parties to link to the
Software, or any part thereof. Y ou may not use the Software, or any p art thereof, in the operation of a service bureau or for the
benefit of any other person or entity . Y ou may not cause, assist or permit any third party to do any of the foregoing. Portions of
the Software utilize or include third party software and other copyright material. Ac knowledgements, licensing terms and
disclaimers for such material are contained in the online electronic documentation for the Software (ftp://opensource.zyxel.com),
and your use of such material is governed by their respective terms. ZyXEL has provided, as p art of the Software package,
access to certain third party software as a convenience. T o the extent that the Software contains third party software, ZyXEL has
no express or implied obligation to provide any technical or other support for such software. Please contact the appropriate
software vendor or manufacturer directly for technical support and customer service re lated to its software and products.
5.Confidentiality
Y ou acknowledge that the Software contains proprietary trade secret s of ZyXEL and you hereby agree to maintain the
confidentiality of the Software using at least as great a degree of care as you use to maintain the confidentiality of your own most
confidential information. Y ou agree to reasonably communicate the terms and condition s of this License Agreement to those
persons employed by you who come into contact with the Software, and to use reasonab le best efforts to ensure their compliance
with such terms and conditions, including, without limitation, not knowingly permitting such persons to use any portion of the
Software for the purpose of deriving the source code of the Software.
6.No War ranty
THE SOFTW ARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LA W , ZyXEL DISCLAIMS ALL
WARRANTI ES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING , WITHOUT LIMIT A TION, IMPLIED
WARRANTI ES OF MERCHANT ABILITY AND FITNESS FOR A P ARTICULAR PURPOSE. ZyXEL DOES NOT WARRANT THA T
THE FUNCTIONS CONT AIN ED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MA Y HA VE, OR
THA T THE SOFTWARE WILL OPERA TE ERROR FREE, OR IN AN UNINTERUPTED F ASHION, OR THA T ANY DEFECTS OR
ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THA T THE SOFTWARE IS COMP A TIBLE WITH ANY P ARTICULAR
PLA TFORM. SOM E JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY
MA Y NOT APPL Y TO YOU. IF THIS EXCLUSION IS HELD T O BE UNENFORCEABLE BY A COURT OF COMPETENT
JURISDICTION, THEN ALL EXPRESS AND IMPLIED WARRANTIES SHALL BE LIMITED IN DURA TION TO A PERIOD OF
THIRTY (30) DA YS FROM THE DA TE OF PURCHASE OF THE SOFTW ARE, AND NO WARRANTIES SHALL APPL Y AFTER
THA T PER IOD.
7.Limitation of Liability
IN NO EVENT WILL ZyXEL BE LIABLE T O YOU OR ANY THIRD P ARTY FOR ANY INCIDENT AL OR CONSEQUENTIAL
DAMAGES (INCLUDING , WITHOUT LIMIT A TION, INDIRECT , SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS
OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMA TION) ARISING OUT OF
THE USE OF OR INABILITY TO USE THE PROGRAM, OR FOR ANY CLAIM BY ANY OTHER P ARTY , EVEN IF ZyXEL HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZyXEL's AGGREGA TE LIABILITY WITH RESPEC T TO ITS
OBLIGA TIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENT A TION
OR OTHERWISE SHALL BE EQUAL TO THE PURCHASE PRICE, BUT SHALL I N NO EVENT EXCEED THE PRODUCT’S
PRICE. BECAUSE SOME ST A TES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMIT A TION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENT AL DAMAGES, THE ABOVE LIMIT A TION MA Y NOT APPL Y TO YOU.
8.Export Restrictions
THIS LICENSE AGREEMENT IS EXPRESSL Y MADE SUBJECT TO ANY APPLICABLE LA WS, REGULA TIONS, ORDERS, OR
OTHER RESTRICTIONS ON TH E EXPORT OF THE SOFTWARE OR INFORMA TION ABOUT SUCH SOFTWARE WHICH MA Y
BE IMPOSED FROM TIME TO TIME. YOU SHALL NOT EXPOR T THE SOFTWARE, DOCUMENT A TION OR INFORMA TION
ABOUT THE SOFTWARE AND DOCUMENT ATION WITHOUT COMPL YING WITH SUCH LAWS, REGULA TIONS, ORDERS, OR
OTHER RESTRICTIONS. YOU AGREE TO INDEMNIFY ZyXEL AGAINST ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES,
COSTS AND EXPENSES, INCLUDING R EASONABLE A TTORNEYS' FEES, T O THE EXTENT SUCH CLAIMS ARISE OUT OF
ANY BREACH OF THIS SECTION 8.
9.Audit Rights
ZyXEL SHALL HA VE THE RIGHT , A T ITS OWN EXPENSE, UPON REASONABLE PRIOR NOTICE, TO PERIODICALL Y
INSPECT AND AUDIT YOUR RECORDS TO ENSURE YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS
LICENSE AGREEMENT .
10.T ermination
This License Agreement is effective until it is terminated. Y ou 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 ma y terminate
this License Agreement for any reason, including, but not limited to, if Zy XEL 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