Aten CC2000 3.0 [269/353] Limitation of liability

Appendix A

255

Licensed Software, Documentation and any Updates and modifications thereof

that is embodied in the Java Compatibility (includes, but not limited to

JavaMail API, JavaBeans Activation Fremawork (JAF), AXL-RADIUS,

AXL-TACACS, JavaServiceWrapper (3.2.3)) and open source, (includes, but

not limited to J2SE JRE, Apache Tomcat, Apache Derby database, Apache

Struts framework, JSR 80) or other technologies belonging to third parties,

patent holders of such technology may contact YOU and request the payment

of royalties. YOU ACKNOWLEDGE THAT ATEN IS NOT RESPONSIBLE

FOR THE PAYMENT OF SUCH ROYALTIES AND THAT YOU WILL

NEGOTIATE IN GOOD FAITH WITH THE RESPECTIVE PATENT

HOLDERS TO ADDRESS THEIR CLAIMS AND OBTAIN NECESSARY

LICENSES AS REQUIRED. IN NO EVENT SHALL ATEN BE

RESPONSILBLE FOR ANY LOSS AND COST AGAINST AFORESAID

INFRINGEMENT OR ROYALTY CLAIMS. ATEN FURTHER

DISCLAIMS ALL WARRANTIES AGAINST INFRINGEMENT,

EXPRESS OR IMPLIED, WITH RESPECT TO OPEN SOURCE OR JAVA

TECHNOLOGY THAT IS EMBODIED IN THIS LICENSED SOFTWARE.

4. Limitation of Liability.

IN NO EVENT SHALL ATEN BE LIABLE TO YOU OR ANY END-

USERS, FOR ANY LOSS OF PROFIT, INDIRECT, INCIDENTAL,

SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT

OF OR RELATING TO THE LICENSING OR USE OF THE SOFTWARE,

DOCUMENTATION FOR ANY ERROR OR DEFECT. IF, AT ANY TIME,

ATEN SHALL HAVE ANY LIABILITY ARISING FROM OR BY VIRTUE

OF THIS AGREEMENT, AND WHETHER SUCH LIABILITY IS DUE TO

ATEN’S OR ITS AFFILIATE’S NEGLIGENCE, BREACH OF ITS

OBLIGATIONS HEREUNDER, OR OTHERWISE, IN NO EVENT WILL

THE TOTAL AGGREGATE LIABILITY OF ATEN AND ITS AFFILIATES

FOR ANY CLAIMS, LOSSES, OR DAMAGES INCURRED BY YOU

EXCEED THE LICENSE FEE HEREUNDER. THIS LIMITATION OF

LIABILITY IS COMPLETE AND EXCLUSIVE, SHALL APPLY EVEN IF

AMD OR ITS AFFILIATES HAS BEEN ADVISED.

5. Export Regulations.

All Software, documents and any other materials delivered hereunder are

subject to the applicable export control laws and may be subject to export or

import regulations in other countries. You agree to comply strictly with these

laws and regulations and acknowledge that you have the responsibility to

obtain any licenses to export, re-export, or import as may be required after

delivery to you.