Appendix F Open Software Announcements
NBG-419N User’s Guide
264
The Software and Documentation contain material that is protected by international copyright law,
trade secret law, international treaty provisions, and the applicable national laws of each respective
country.
All rights not granted to you herein are expressly reserved by ZyXEL.
You may not
remove any proprietary notice of ZyXEL or any of its licensors from any copy of the Software or
Documentation.
4.Restrictions
You may not publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, or create
derivative works of the Software, or any part thereof. You may not assign, sublicense, convey or
otherwise transfer, pledge as security or otherwise encumber the rights and licenses granted
hereunder with respect to the Software. ZyXEL is not obligated to provide any maintenance,
technical or other support for the resultant modified Software. You may not copy, reverse engineer,
decompile, reverse compile, translate, adapt, or disassemble the Software, or any part thereof, nor
shall you attempt to create the source code from the object code for the Software. Except as and
only to the extent expressly permitted in this License, you may not market, co-brand, and private
label or otherwise permit third parties to link to the Software, or any part thereof.
You may not use
the Software, or any part thereof, in the operation of a service bureau or for the benefit of any
other person or entity.
You may not cause, assist or permit any third party to do any of the
foregoing. Portions of the Software utilize or include third party software and other copyright
material. Acknowledgements, licensing terms and disclaimers for such material are contained in the
License Notice as below for the third party software, and your use of such material is exclusively
governed by their respective terms. ZyXEL has provided, as part of the Software package, access to
certain third party software as a convenience. To the extent that the Software contains third party
software, ZyXEL has no express or implied obligation to provide any technical or other support for
such software other than compliance with the applicable license terms of such third party, and
makes no warranty (express, implied or statutory) whatsoever with respect thereto. Please contact
the appropriate software vendor or manufacturer directly for technical support and customer
service related to its software and products.
5.Confidentiality
You acknowledge that the Software contains proprietary trade secrets of ZyXEL and you hereby
agree to maintain the confidentiality of the Software using at least as great a degree of care as you
use to maintain the confidentiality of your own most confidential information.
You agree to
reasonably communicate the terms and conditions of this License Agreement to those persons
employed by you who come into contact with the Software, and to use reasonable best efforts to
ensure their compliance with such terms and conditions, including, without limitation, not
knowingly permitting such persons to use any portion of the Software for the purpose of deriving
the source code of the Software.
6.No Warranty
THE SOFTWARE IS PROVIDED "AS IS."
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZyXEL
DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
ZyXEL DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY
HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERUPTED FASHION,
OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE
SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM.
SOME JURISDICTIONS DO NOT
ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
IF THIS EXCLUSION IS HELD TO BE UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION,
THEN ALL EXPRESS AND IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION TO A PERIOD OF
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