18Software license
of this Agreement. Customer shall not a) use, copy, modify, transfer or distribute the Software except as expressly authorized; b) reverse assemble, reverse compile, reverse engineer or otherwise translate the Software; c) create derivative works or modifications unless expressly authorized; or d) sublicense, rent or lease the Software. Licensors of intellectual property to Nortel Networks are beneficiaries of this provision. Upon termination or breach of the license by Customer or in the event designated hardware or CFE is no longer in use, Customer will promptly return the Software to Nortel Networks or certify its destruction. Nortel Networks may audit by remote polling or other reasonable means to determine Customer’s Software activation or usage levels. If suppliers of third party software included in Software require Nortel Networks to include additional or different terms, Customer agrees to abide by such terms provided by Nortel Networks with respect to such third party software.
2.Warranty. Except as may be otherwise expressly agreed to in writing between Nortel Networks and Customer, Software is provided "AS IS" without any warranties (conditions) of any kind. NORTEL NETWORKS DISCLAIMS ALL WARRANTIES (CONDITIONS) FOR THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF
of implied warranties, and, in such event, the above exclusions may not apply.
3.Limitation of Remedies. IN NO EVENT SHALL NORTEL NETWORKS OR ITS AGENTS OR SUPPLIERS BE LIABLE FOR ANY OF THE FOLLOWING: a) DAMAGES BASED ON ANY THIRD PARTY CLAIM; b) LOSS OF, OR DAMAGE TO, CUSTOMER’S RECORDS, FILES OR DATA; OR c) DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS), WHETHER IN CONTRACT, TORT OR OTHERWISE (INCLUDING NEGLIGENCE) ARISING OUT OF YOUR USE OF THE SOFTWARE, EVEN IF NORTEL NETWORKS, ITS AGENTS OR SUPPLIERS HAVE BEEN ADVISED OF THEIR POSSIBILITY. The forgoing limitations of remedies also apply to any developer and/or supplier of the Software. Such developer and/or supplier is an intended beneficiary of this Section. Some jurisdictions do not allow these limitations or exclusions and, in such event, they may not apply.
4.General
1.If Customer is the United States Government, the following paragraph shall apply: All Nortel Networks Software available under this License Agreement is commercial computer software and commercial computer
Nortel Ethernet Routing Switch 8600
Quick Start
30 May 2008
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