Cambium Networks cnMatrix EX2028 handleiding

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Regulatory and Compliance 298

OR RELIABILITY OF THE SOFTWARE AND DOCUMENTATION. Some jurisdictions do not allow the

exclusion of implied warranties, so the above exclusion may not apply to you.

LIMITATION OF LIABILITY

IN NO EVENT SHALL CAMBIUM NETWORKS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY

DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER

DAMAGE ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT INCLUDING, WITHOUT

LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF

BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS, OR FROM ANY BREACH OF WARRANTY,

EVEN IF CAMBIUM NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (Some

states do not allow the exclusion or limitation of incidental or consequential damages, so the above

exclusion or limitation may not apply to you.)

IN NO CASE SHALL CAMBIUM’S LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT.

U.S. GOVERNMENT

If you are acquiring the Product on behalf of any unit or agency of the U.S. Government, the following

applies. Use, duplication, or disclosure of the Software and Documentation is subject to the restrictions

set forth in subparagraphs (c) (1) and (2) of the Commercial Computer Software – Restricted Rights

clause at FAR 52.227-19 (JUNE 1987), if applicable, unless being provided to the Department of Defense.

If being provided to the Department of Defense, use, duplication, or

disclosure of the Products is subject to the restricted rights set forth in subparagraph (c) (1) (ii) of the

Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (OCT 1988), if applicable.

Software and Documentation may or may not include a Restricted Rights notice, or other notice referring

specifically to the terms and conditions of this Agreement. The terms and conditions of this Agreement

will each continue to apply, but only to the extent that such terms and conditions are not inconsistent

with the rights provided to you under the aforementioned provisions of the FAR and DFARS, as

applicable to the particular procuring agency and procurement transaction.

TERM OF LICENSE

Your right to use the Software will continue in perpetuity unless terminated as follows. Your right to use

the Software will terminate immediately without notice upon a breach of this Agreement by you. Within

30 days after termination of this Agreement, you will certify to Cambium Networks in writing that

through your best efforts, and to the best of your knowledge, the original and all copies, in whole or in

part, in any form, of the Software and all related material and Documentation, have been destroyed,

except that, with prior written consent from Cambium

Networks, you may retain one copy for archival or back-up purposes. You may not sublicense, assign or

transfer the license or the Product, except as expressly provided in this Agreement. Any attempt to

otherwise sublicense, assign or transfer any of the rights, duties or obligations hereunder is null and void.

GOVERNING LAW

This Agreement is governed by the laws of the United States of America to the extent that they apply

and otherwise by the laws of the State of Illinois.

ASSIGNMENT

This agreement may not be assigned by you without Cambium’s prior written consent.

SURVIVAL OF PROVISIONS

The parties agree that where the context of any provision indicates an intent that it survives the term of

this Agreement, then it will survive.

ENTIRE AGREEMENT

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