293 lines
10 KiB
Plaintext
293 lines
10 KiB
Plaintext
International License Agreement for Non-Warranted Programs
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Part 1 - General Terms
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PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE PROGRAM.
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Adaptec WILL LICENSE THE PROGRAM TO YOU ONLY IF YOU FIRST ACCEPT THE
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TERMS OF THIS AGREEMENT. BY USING THE PROGRAM YOU AGREE TO THESE
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TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT,
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PROMPTLY RETURN THE UNUSED PROGRAM TO THE PARTY (EITHER Adaptec OR
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ITS RESELLER) FROM WHOM YOU ACQUIRED IT TO RECEIVE A REFUND OF
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THE AMOUNT YOU PAID.
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The Program is owned by (Adaptec) or a supplier of Adaptec
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and is copyrighted and licensed, not sold.
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The term "Program" means the original program and all whole or
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partial copies of it. A Program consists of machine-readable
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instructions, its components, data, audio-visual content (such
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as images, text, recordings, or pictures), and related licensed
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materials.
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This Agreement includes Part 1 - General Terms and Part 2
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Country unique Terms and is the complete agreement regarding the
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use of this Program, and replaces any prior oral or written
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communications between you and Adaptec. The terms of Part 2 may
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replace or modify those of Part 1.
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1. License
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Use of the Program
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Adaptec grants you a nonexclusive license to use the Program.
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You may 1) use the Program to the extent of authorizations you
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have acquired and 2) make and install copies to support the
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level of use authorized, providing you reproduce the copyright
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notice and any other legends of ownership on each copy, or
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partial copy, of the Program.
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If you acquire this Program as a program upgrade, your
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authorization to use the Program from which you upgraded is
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terminated.
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You will ensure that anyone who uses the Program does so only in
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compliance with the terms of this Agreement.
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You may not 1) use, copy, modify, or distribute the Program
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except as provided in this Agreement; 2) reverse assemble,
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reverse compile, or otherwise translate the Program except as
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specifically permitted by law without the possibility of
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contractual waiver; or 3) sublicense, rent, or lease the
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Program.
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Transfer of Rights and Obligations
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You may transfer all your license rights and obligations under a
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Proof of Entitlement for the Program to another party by
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transferring the Proof of Entitlement and a copy of this
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Agreement and all documentation. The transfer of your license
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rights and obligations terminates your authorization to use the
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Program under the Proof of Entitlement.
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2. Proof of Entitlement
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The Proof of Entitlement for this Program is evidence of your
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authorization to use this Program and of your eligibility for
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future upgrade program prices (if announced) and potential
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special or promotional opportunities.
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3. Charges and Taxes
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Adaptec defines use for the Program for charging purposes and
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specifies it in the Proof of Entitlement. Charges are based on
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extent of use authorized. If you wish to increase the extent of
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use, notify Adaptec or its reseller and pay any applicable charges.
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Adaptec does not give refunds or credits for charges already due or
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paid.
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If any authority imposes a duty, tax, levy or fee, excluding
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those based on Adaptec's net income, upon the Program supplied by
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Adaptec under this agreement, then you agree to pay that amount
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as Adaptec specifies or
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supply exemption documentation.
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4. No Warranty
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SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED,
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Adaptec MAKES NO WARRANTIES OR CONDITIONS EITHER EXPRESS OR IMPLIED,
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INCLUDING WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT
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AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
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PARTICULAR PURPOSE, REGARDING THE PROGRAM OR TECHNICAL SUPPORT,
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IF ANY. Adaptec MAKES NO WARRANTY REGARDING THE CAPABILITY OF THE
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PROGRAM TO CORRECTLY PROCESS, PROVIDE AND/OR RECEIVE DATE DATA
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WITHIN AND BETWEEN THE 20TH AND 21ST CENTURIES.
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The exclusion also applies to any of Adaptec's subcontractors,
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suppliers, or program developers (collectively called
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"Suppliers").
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Manufacturers, suppliers, or publishers of non-Adaptec Programs may
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provide their own warranties.
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5. Limitation of Liability
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NEITHER Adaptec NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT OR
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INDIRECT
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DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST
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SAVINGS, OR ANY INCIDENTAL, SPECIAL, OR OTHER ECONOMIC
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CONSEQUENTIAL DAMAGES, EVEN IF Adaptec IS INFORMED OF THEIR
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POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
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LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
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EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
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6. General
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Nothing in this Agreement affects any statutory rights of
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consumers that cannot be waived or limited by contract.
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Adaptec may terminate your license if you fail to comply with the
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terms of this Agreement. If Adaptec does so, you must immediately
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destroy the Program and all copies you made of it.
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You agree to comply with applicable export laws and regulations.
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Neither you nor Adaptec will bring a legal action under this
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Agreement more than two years after the cause of action arose
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unless otherwise provided by local law without the possibility
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of contractual waiver or limitation.
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Neither you nor Adaptec is responsible for failure to fulfill any
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obligations due to causes beyond its control.
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Adaptec does not provide program services or technical support,
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unless Adaptec specifies otherwise.
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The laws of the country in which you acquire the Program govern
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this Agreement, except 1) in Australia, the laws of the State or
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Territory in which the transaction is performed govern this
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Agreement; 2) in Albania, Armenia, Belarus, Bosnia/Herzegovina,
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Bulgaria, Croatia, Czech Republic, Georgia, Hungary, Kazakhstan,
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Kirghizia, Former Yugoslav Republic of Macedonia
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(FYROM), Moldova, Poland, Romania, Russia, Slovak Republic,
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Slovenia, Ukraine, and Federal Republic of Yugoslavia, the laws
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of Austria govern this Agreement; 3) in the United Kingdom, all
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disputes relating to this Agreement will be governed by English
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Law and will be submitted to the exclusive jurisdiction of the
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English courts; 4) in Canada, the laws in the Province of
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Ontario govern this Agreement; and 5) in the United States and
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Puerto Rico, and People's Republic of China, the laws of the
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State of New York govern this Agreement.
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Part 2 - Country-unique Terms
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AUSTRALIA:
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No Warranty (Section 4):
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The following paragraph is added to this Section:
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Although Adaptec specifies that there are no warranties, you may
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have certain rights under the Trade Practices Act 1974 or other
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legislation and are only limited to the extent permitted by the
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applicable legislation.
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Limitation of Liability (Section 3):
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The following paragraph is added to this Section:
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Where Adaptec is in breach of a condition or warranty implied by the
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Trade Practices Act 1974, Adaptec's liability is limited to the
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repair or replacement of the goods, or the supply of equivalent
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goods. Where that condition or warranty relates to right to
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sell, quiet possession or clear title, or the goods are of a
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kind ordinarily acquired for personal, domestic or household use
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or consumption, then none of the limitations in this paragraph
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apply.
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GERMANY:
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No Warranty (Section 4):
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The following paragraphs are added to this Section:
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The minimum warranty period for Programs is six months.
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In case a Program is delivered without Specifications, we will
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only warrant that the Program information correctly describes
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the Program and that the Program can be used according to the
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Program information. You have to check the usability according
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to the Program information within the "money-back guaranty"
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period.
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Limitation of Liability (Section 5):
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The following paragraph is added to this Section:
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The limitations and exclusions specified in the Agreement will
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not apply to damages caused by Adaptec with fraud or gross
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negligence, and for express warranty.
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INDIA:
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General (Section 6):
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The following replaces the fourth paragraph of this Section:
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If no suit or other legal action is brought, within two years
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after the cause of action arose, in respect of any claim that
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either party may have against the other, the rights of the
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concerned party in respect of such claim will be forfeited and
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the other party will stand released from its obligations in
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respect of such claim.
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IRELAND:
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No Warranty (Section 4):
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The following paragraph is added to this Section:
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Except as expressly provided in these terms and conditions, all
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statutory conditions, including all warranties implied, but
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without prejudice to the generality of the foregoing, all
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warranties implied by the Sale of Goods Act 1893 or the Sale of
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Goods and Supply of Services Act 1980 are hereby excluded.
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ITALY:
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Limitation of Liability (Section 5):
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This Section is replaced by the following:
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Unless otherwise provided by mandatory law, Adaptec is not liable
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for any damages which might arise.
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NEW ZEALAND:
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No Warranty (Section 4):
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The following paragraph is added to this Section:
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Although Adaptec specifies that there are no warranties, you may
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have certain rights under the Consumer Guarantees Act 1993 or
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other legislation which cannot be excluded or limited. The
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Consumer Guarantees Act 1993 will not apply in respect of any
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goods or services which Adaptec provides, if you require the goods
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and services for the purposes of a business as defined in that
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Act.
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Limitation of Liability (Section 5):
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The following paragraph is added to this Section:
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Where Programs are not acquired for the purposes of a business
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as defined in the Consumer Guarantees Act 1993, the limitations
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in this Section are subject to the limitations in that Act.
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PEOPLE'S REPUBLIC OF CHINA:
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Charges (Section 3):
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The following paragraph is added to the Section:
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All banking charges incurred in the People's Republic of China
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will be borne by you and those incurred outside the People's
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Republic of China will be borne by Adaptec.
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UNITED KINGDOM:
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Limitation of Liability (Section 5):
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The following paragraph is added to this Section at the end of
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the first paragraph:
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The limitation of liability will not apply to any breach of
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Adaptec's obligations implied by Section 12 of the Sales of Goods
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Act 1979 or Section 2 of the Supply of Goods and Services Act
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1982.
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UNITED STATES AND CANADA:
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No Country-unique Terms apply.
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By continuing with the installation of the Program, you are
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accepting the terms and conditions above.
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