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Hitachi Data Systems Design Tool Disclaimer

The Hitachi Data Systems Corporation ("HDS") design tools listed below ("Tools") are being provided free of charge to serve as an aid in assessing product requirements and are not intended to be relied upon as the sole source of information for determining final configuration or design. The Tools are to be used exclusively to aid in the promotion and configuration of HDS solutions and are for use exclusively by employees of HDS authorized Hitachi TrueNorth Partner, HDS authorized co-providers and HDS customers.

Solutions suggested through use of the Tools are driven by hardware parameters, assumptions and constraints that you define. Information provided by use of the Tools is intended to be supplemented with expertise and analysis by you.

As applications and requirements vary from installation to installation, HDS cannot and does not guarantee that products or systems configured with the Tools are all inclusive.

Every effort has been made to ensure the accuracy of the information presented in the Tools, however, information is subject to change without notice. HDS accepts no liability for reliance on information generated by use of the Tools. The Tools are provided "as is" and HDS specifically disclaims any and all warranties, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. HDS SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED OR RESULTING FROM THE USE OF THE TOOLS, LOSS OF PROFITS OR REVENUES OR COSTS OF REPLACEMENT GOODS, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of implied warranties so the above exclusions may not apply to you. By accepting and using the Tools, you agree to and accept the foregoing terms.

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