Carrier Access Access Navigator Copyright, Term, Warranty, Disclaimer, Limitation of Liability

Preface

LICENSEE agrees that it will not export or re-export the Software in any form without the appropriate United States and foreign government licenses. LICENSEE agrees that its obligations pursuant to this Section shall survive and continue after any termination or expiration of rights under this License.

Copyright

The Software is copyrighted by LICENSOR and, except as permitted by this License, LICENSEE may not duplicate the Software or disclose it to any other party.

Term

This License is effective until terminated. LICENSEE may terminate it voluntarily at any time. Voluntary termination by LICENSEE must be accompanied by complete destruction of the Software and all copies thereof. LICENSOR or LICENSOR's Licensors of the Software may terminate this License without notice upon LICENSEE 's failure to abide by this License.

Warranty

For a period of ninety (90) days after the initial delivery of the Software to LICENSEE (the

"Software Warranty Period"), LICENSOR warrants that the Software, when used as permitted under this License will operate substantially as described in the Software published specifications. LICENSOR will, at its own expense and as its sole obligation and LICENSEE's exclusive remedy for any breach of this warranty, use commercially reasonable efforts to correct any reproducible error in the Software reported to LICENSOR by LICENSEE in writing during the Software Warranty Period, or to replace the defective Software. If LICENSOR determines that it is unable to correct the error or replace the Software, LICENSOR will refund to LICENSEE all license fees paid for the Software, in which case this License and LICENSEE's right to use the Software will be terminated. Any such error correction or replacement provided to LICENSEE will not extend the original Software Warranty Period

Disclaimer

ALL WARRANTIES OTHER THAN THOSE STATED IN THIS LICENSE, EITHER EXPRESSED OR IMPLIED, ARE DISCLAIMED AS TO THE SOFTWARE AND ITS QUALITY, PERFORMANCE, OR FITNESS FOR ANY PARTICULAR PURPOSE. LICENSEE BEARS THE ENTIRE RISK RELATING TO THE QUALITY OF THE SOFTWARE AND IF THE SOFTWARE PROVES TO HAVE ANY DEFECTS, LICENSEE ASSUMES THE COST OF ANY NECESSARY SERVICING OR REPAIRS.

LICENSOR MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

Limitation of Liability

IN NO EVENT SHALL LICENSOR BE RESPONSIBLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION ANY LOST DATA, LOST PROFITS, AND COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING FROM OR RELATING TO THESE LICENSE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY

Access Navigator - Release 1.8 August 2003 1vii