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Compliance-7
6. UNDER NO CIRCUMSTANCES WILL NETGEAR OR ITS LICENSORS BE LIABLE FOR ANY
CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA OR OTHER SUCH
PECUNIARY LOSS), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, ARISING OUT OF
THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF NETGEAR AND/OR ITS
LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL NETGEAR’S AND ITS LICENSORS’ AGGREGATE LIABILITY FOR DAMAGES
ARISING OUT OF THIS AGREEMENT EXCEED THE FEES PAID BY YOU FOR THE
SOFTWARE. THE FOREGOING LIMITATIONS ARE INDEPENDENT OF THE EXCLUSIVE
REMEDY PROVIDED IN SECTION 5 ABOVE AND SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF SUCH EXCLUSIVE REMEDY OR OF ITS ESSENTIAL PURPOSE. THE
FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY AND DAMAGES SHALL NOT
APPLY TO CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY.
7. You may not export or re-export the Software without: (a) the prior written consent of NETGEAR, (b)
complying with applicable export control laws, including, but not limited to, restrictions and regulations
of the Department of Commerce or other United States agency or authority, and (c) obtaining any
necessary permits and licenses. In any event, You may not transfer or authorize the transfer of the
Software to a prohibited territory or country or otherwise in violation of any applicable restrictions or
regulations.
8. The Software and documentation are considered “commercial computer software” and “commercial
computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section
12.212, as applicable. Use, duplication or disclosure of the Software and documentation by the U.S.
Government is subject to the restrictions set forth in DFAR Section 227.7202 for military agencies and
FAR Section 12.212 for civilian agencies. THIS AGREEMENT IS GOVERNED BY THE LAWS OF
THE STATE OF CALIFORNIA, U.S.A., WITHOUT REFERENCE TO ITS CONFLICT OF LAWS
PRINCIPLES. THIS AGREEMENT WILL NOT BE GOVERNED BY THE U.N. CONVENTION ON
CONTRACTS FOR THE INTERNATIONAL SALES OF GOODS. ANY DISPUTE BETWEEN YOU
AND NETGEAR ARISING UNDER THIS AGREEMENT SHALL BE SUBJECT TO THE
EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF CALIFORNIA. This Agreement
is the entire agreement between You and NETGEAR regarding the subject matter herein and supersedes
any other communications with respect to the Software. If any provision of this Agreement is held invalid
or unenforceable, the remainder of this Agreement will continue in full force and effect. Failure to
prosecute a party’s rights with respect to a default hereunder will not constitute a waiver of the right to
enforce rights with respect to the same or any other breach.
9. Should you have any questions relating to this Agreement, or if you desire to contact NETGEAR for any
reason, please call 1-888-NETGEAR.