or (vi) damage during shipment (other than during the original shipment of the Product
to the End User from Enable-IT, if applicable).
e. Warranty Disclaimers.
THE EXPRESS WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER
WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED. ENABLE-IT
DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. NO PERSON (INCLUDING
WITHOUT LIMITATION, ENABLE-IT’S EMPLOYEES, AGENTS, RESELLERS,
OEMS OR DISTRIBUTORS) IS AUTHORIZED TO MAKE ANY OTHER WARRANTY
OR REPRESENTATION CONCERNING THE PRODUCT. IF THE DISCLAIMER OF
ANY IMPLIED WARRANTY IS NOT PERMITTED BY LAW, THE DURATION OF ANY
SUCH IMPLIED WARRANTY IS LIMITED TO ONE (1) YEAR FROM THE DATE OF
PURCHASE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY MAY LAST, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY. THIS WARRANTY GIVES THE END USER SPECIFIC LEGAL RIGHTS AND
THE END USER MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM
JURISDICTION TO JURISDICTION. ENABLE-IT DOES NOT WARRANT THAT THE
OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED
OR ERROR FREE. ENABLE-IT IS NOT RESPONSIBLE FOR ANY DAMAGE TO OR
LOSS OF ANY PROGRAMS, DATA, OR OTHER INFORMATION STORED ON OR
TRANSMITTED USING THE PRODUCT.
"
2. LIMITATION OF LIABILITY.
IN NO EVENT SHALL ENABLE-IT BE LIABLE TO THE END USER, OR ANY THIRD
PARTY, FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE SALE OR USE OF THE
PRODUCT (INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, USE, DATA, OR
OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, INCLUDING WITHOUT
LIMITATION BREACH OF WARRANTY, OR IN CONTRACT OR IN TORT (INCLUDING
NEGLIGENCE), OR STRICT LIABILITY, EVEN IF ENABLE-IT HAS BEEN PREVIOUSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF A LIMITED REMEDY
SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT
SHALL ENABLE-IT’S LIABILITY TO THE END USER, OR ANY THIRD PARTY, EXCEED
THE PRICE PAID FOR THE PRODUCT. BECAUSE SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO THE END
USER.
"
3. LICENSE AND LIMITATIONS.
The firmware and software embedded in the Product (the "Embedded Software") are licensed
to you. Your use of the Product is your acceptance of the warranty terms above and the
terms below. You may use the Embedded Software solely in conjunction with your use of the
Product. All worldwide right, title and interest in and to the Product, or any portion thereof
(including but not limited to the Embedded Software), including all copyrights, patent rights,
trademarks, trade secrets, and other intellectual property rights therein and thereto, are and
shall remain the exclusive property of Enable-IT and/or its licensors. You acknowledge and
agree that you may not, and may not allow any third party to, (i) use the Embedded Software
in a manner that is inconsistent with the above express right granted to you or (ii) modify,
distribute, reproduce, decompile, disassemble, reverse engineer or otherwise attempt to
discover the source code for the Embedded Software.