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ADAPTEC AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES ADAPTEC AND ITS LICENSORS WILL PROVIDE FOR BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ADAPTEC AND ITS LICENSORS MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state. 8. The entire liability of Adaptec and its licensors, and your exclusive remedy for a breach of this warranty, shall be: a. The replacement of any media not meeting the above limited warranty which is returned to Adaptec; or: b. if Adaptec or its distributor is unable to deliver replacement media which is free from defects in materials or workmanship, you may terminate this Agreement by returning the Software and your money will be refunded. 9. Limitation of Liability. IN NO EVENT WILL ADAPTEC OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR LOSS OF DATA, EVEN IF ADAPTEC OR A LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. Some states do not allow the exclusion or limitation of special, incidental, or consequential damages, so the above limitation or exclusion may not apply to you. 10. Export. You acknowledge that the laws and regulations of the United States and other countries may restrict the export and re-export of the Software. You agree that you will not export or re-export the Software or documentation in any form in violation of applicable United States and foreign law. 11. Government Restricted Rights. The Software is subject to restricted rights as follows. If the Software is acquired under the terms of a GSA contract: use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract. If the Software is acquired under the terms of a DoD or civilian agency contract, use, duplication or disclosure by the Government is subject to the restrictions of this Agreement in accordance with 48 C.F.R. 12.212 of the Federal Acquisition Regulations and its successors and 49 C.F.R. 227.7202-1 of the DoD FAR Supplement and its successors. 12. General. You acknowledge that you have read this Agreement, understand it, and that by using the Software you agree to be bound by its terms and conditions. You further agree that it is the complete ...

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