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remedy Nortel Networks will at its discretion provide a suitable fix, patch, or workaround for the problem that may be included in a future Software release. Nortel Networks further warrants to Licensee that the media on which the Software is provided will be free from defects in materials and workmanship under normal use for a period of 90 days from the date Software is first shipped to Licensee. Nortel Networks will replace defective media at no charge if it is returned to Nortel Networks during the warranty period along with proof of the date of shipment. This warranty does not apply if the media has been damaged as a result of accident, misuse, or abuse. The Licensee assumes all responsibility for selection of the Software to achieve Licensee’s intended results and for the installation, use, and results obtained from the Software. Nortel Networks does not warrant a) that the functions contained in the software will meet the Licensee’s requirements, b) that the Software will operate in the hardware or software combinations that the Licensee may select,
c)that the operation of the Software will be uninterrupted or error free, or d) that all defects in the operation of the Software will be corrected. Nortel Networks is not obligated to remedy any Software defect that cannot be reproduced with the latest Software release. These warranties do not apply to the Software if it has been (i) altered, except by Nortel Networks or in accordance with its instructions; (ii) used in conjunction with another vendor’s product, resulting in the defect; or (iii) damaged by improper environment, abuse, misuse, accident, or negligence. THE FOREGOING WARRANTIES AND LIMITATIONS ARE EXCLUSIVE REMEDIES AND ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Licensee is responsible for the security of its own data and information and for maintaining adequate procedures apart from the Software to reconstruct lost or altered files, data, or programs.
4.Limitation of liability. IN NO EVENT WILL NORTEL NETWORKS OR ITS LICENSORS BE LIABLE FOR ANY COST OF SUBSTITUTE PROCUREMENT; SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; OR ANY DAMAGES RESULTING FROM INACCURATE OR LOST DATA OR LOSS OF USE OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE SOFTWARE, EVEN IF NORTEL NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF NORTEL NETWORKS RELATING TO THE SOFTWARE OR THIS AGREEMENT EXCEED THE PRICE PAID TO NORTEL NETWORKS FOR THE SOFTWARE LICENSE.
5.Government licensees. This provision applies to all Software and documentation acquired directly or indirectly by or on behalf of the United States Government. The Software and documentation are commercial products, licensed on the open market at market prices, and were developed entirely at private expense and without the use of any U.S.
Government funds. The license to the U.S. Government is granted only with restricted rights, and use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraph (c)(1) of the Commercial Computer
6.Use of software in the European Community. This provision applies to all Software acquired for use within the European Community. If Licensee uses the Software within a country in the European Community, the Software Directive enacted by the Council of European Communities Directive dated 14 May, 1991, will apply to the examination of the Software to facilitate interoperability. Licensee agrees to notify Nortel Networks of any such intended examination of the Software and may procure support and assistance from Nortel Networks.
7.Term and termination. This license is effective until terminated; however, all of the restrictions with respect to Nortel Networks’ copyright in the Software and user manuals will cease being effective at the date of expiration of the Nortel Networks copyright; those restrictions relating to use and disclosure of Nortel Networks’ confidential information shall continue in effect. Licensee may terminate this license at any time. The license will automatically terminate if Licensee fails to comply with any of the terms and conditions of the license. Upon termination for any reason, Licensee will immediately destroy or return to Nortel Networks the Software, user manuals, and all copies. Nortel Networks is not liable to Licensee for damages in any form solely by reason of the termination of this license.
8.Export and