Alcatel Carrier Internetworking Solutions omniswitch manual Alcatel License Agreement

Alcatel License Agreement Software License and Copyright Statements

3.Confidentiality. AII considers the Licensed Files to contain valuable trade secrets of AII, the unautho- rized disclosure of which could cause irreparable harm to AII. Except as expressly set forth herein, Licensee agrees to use reasonable efforts not to disclose the Licensed Files to any third party and not to use the Licensed Files other than for the purpose authorized by this License Agreement. This confidential- ity obligation shall continue after any termination of this License Agreement.

4.Indemnity. Licensee agrees to indemnify, defend and hold AII harmless from any claim, lawsuit, legal proceeding, settlement or judgment (including without limitation AII’s reasonable United States and local attorneys’ and expert witnesses’ fees and costs) arising out of or in connection with the unauthorized copy- ing, marketing, performance or distribution of the Licensed Files.

5.Limited Warranty. AII warrants, for Licensee’s benefit alone, that the program media shall, for a period of ninety (90) days from the date of commencement of this License Agreement (referred to as the Warranty Period), be free from defects in material and workmanship. AII further warrants, for Licensee benefit alone, that during the Warranty Period the Licensed Files shall operate substantially in accordance with the functional specifications in the User Guide. If during the Warranty Period, a defect in the Licensed Files appears, Licensee may return the Licensed Files to AII for either replacement or, if so elected by AII, refund of amounts paid by Licensee under this License Agreement. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE LICENSED MATERIALS ARE LICENSED “AS IS” AND AII AND ITS LICENSORS DISCLAIM ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO LICENSEE. THIS WARRANTY GIVES THE LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

6.Limitation of Liability. AII’s cumulative liability to Licensee or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this License Agree- ment shall not exceed the license fee paid to AII for the Licensed Materials. IN NO EVENT SHALL AII BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEM- PLARY DAMAGES OR LOST PROFITS, EVEN IF AII HAS BEEN ADVISED OF THE POSSIBIL- ITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITA- TION OR EXCLUSION TO INCIDENTAL OR CONSEQUENTIAL DAMAGES MAY NOT APPLY TO LICENSEE.

7.Export Control. This product is subject to the jurisdiction of the United States. Licensee may not export or reexport the Licensed Files, without complying with all United States export laws and regula- tions, including but not limited to (i) obtaining prior authorization from the U.S. Department of Commerce if a validated export license is required, and (ii) obtaining “written assurances” from licensees, if required.

8.Support and Maintenance. Except as may be provided in a separate agreement between AII and Licensee, if any, AII is under no obligation to maintain or support the copies of the Licensed Files made and distributed hereunder and AII has no obligation to furnish Licensee with any further assistance, docu- mentation or information of any nature or kind.

9.Term. This License Agreement is effective upon Licensee opening this package and shall continue until terminated. Licensee may terminate this License Agreement at any time by returning the Licensed Materi- als and all copies thereof and extracts therefrom to AII and certifying to AII in writing that all Licensed Materials and all copies thereof and extracts therefrom have been returned or erased by the memory of Licensee’s computer or made non-readable. AII may terminate this License Agreement upon the breach by Licensee of any term hereof. Upon such termination by AII, Licensee agrees to return to AII or destroy the Licensed Materials and all copies and portions thereof.

page A-2 OmniSwitch 6600 Family Switch Management Guide March 2005