
SB3000 & BR3000 Series User’s Manual
`
a breach of this limited warranty is reported to Inscape Data or the party supplying the Software to
Customer, if different than Inscape Data, within the warranty period. Inscape Data or the party supplying
the Software to Customer may, at its option, require return of the Software and/or Documentation as a
condition to the remedy. In no event does Inscape Data warrant that the Software is error free or that
Customer will be able to operate the Software without problems or interruptions. In addition, due to the
continual development of new techniques for intruding upon and attacking networks, Inscape Data does
not warrant that the Software or any equipment, system or network on which the Software is used will be
free of vulnerability to intrusion or attack.
Restrictions. This warranty does not apply if the Software, Product or any other equipment upon which
the Software is authorized to be used (a) has been altered, except by Inscape Data or its authorized
representative, (b) has not been installed, operated, repaired, or maintained in accordance with
instructions supplied by Inscape Data, (c) has been subjected to abnormal physical or electrical stress,
abnormal environmental conditions, misuse, negligence, or accident; or (d) is licensed for beta,
evaluation, testing or demonstration purposes. The Software warranty also does not apply to (e) any
temporary Software modules; or (f) any Software for which Inscape Data does not receive a license fee.
DISCLAIMER OF WARRANTY
EXCEPT AS SPECIFIED IN THIS WARRANTY SECTION, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF
INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR
TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW
AND ARE EXPRESSLY DISCLAIMED BY INSCAPE DATA, ITS SUPPLIERS AND LICENSORS. TO
THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN
DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE
LIMITATION MAY NOT APPLY. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS,
AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO
JURISDICTION. This disclaimer and exclusion shall apply even if the express warranty set forth above
fails of its essential purpose.
General Terms Applicable to the Limited Warranty Statement, End User License Agreement, and
Supplemental License Agreement
Disclaimer of Liabilities - Limitation of Liability. IF YOU ACQUIRED THE SOFTWARE IN THE
UNITED STATES, LATIN AMERICA, CANADA, JAPAN OR THE CARIBBEAN, NOTWITHSTANDING
ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, ALL LIABILITY OF INSCAPE DATA, ITS
AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS
COLLECTIVELY, TO CUSTOMER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
BREACH OF WARRANTY OR OTHERWISE, SHALL NOT EXCEED THE PRICE PAID BY CUSTOMER
TO INSCAPE DATA FOR THE SOFTWARE THAT GAVE RISE TO THE CLAIM OR IF THE SOFTWARE
IS PART OF ANOTHER PRODUCT, THE PRICE PAID FOR SUCH OTHER PRODUCT. THIS
LIMITATION OF LIABILITY FOR SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT (I.E. THE
EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT). IF YOU ACQUIRED THE
SOFTWARE IN EUROPE, THE MIDDLE EAST, AFRICA, ASIA OR OCEANIA, NOTWITHSTANDING
ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, ALL LIABILITY OF INSCAPE DATA, ITS
AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS
COLLECTIVELY, TO CUSTOMER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
BREACH OF WARRANTY OR OTHERWISE, SHALL NOT EXCEED THE PRICE PAID BY CUSTOMER
TO INSCAPE DATA FOR THE SOFTWARE THAT GAVE RISE TO THE CLAIM OR IF THE SOFTWARE
IS PART OF ANOTHER PRODUCT, THE PRICE PAID FOR SUCH OTHER PRODUCT. THIS
LIMITATION OF LIABILITY FOR SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT (I.E. THE
EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT). NOTHING IN THE
AGREEMENT SHALL LIMIT (I) THE LIABILITY OF INSCAPE DATA, ITS AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS TO CUSTOMER FOR