Customer Support Information

Software

End User

License

Agreement

continued

LIMITATION OF LIABILITY.

RECOGNIZING THAT YOUR RIGHT TO USE THE SOFTWARE IS PROVIDED FREE OF CHARGE, YOU AGREE THAT IT IS FAIR, REASONABLE, AND NOT UNCONSCIONABLE TO RELEASE LUCENT TECHNOLOGIES AND OTHERS FROM ANY LIABILITY ARISING IN CONNECTION WITH THE SOFTWARE. UNDER NO CIRCUMSTANCES AND UNDER

NO LEGAL THEORY (INCLUDING WITHOUT LIMITATION TORT INCLUDING NEGLIGENCE, CONTRACT, STRICT LIABILITY, OR OTHERWISE), SHALL LUCENT TECHNOLOGIES OR ITS AFFILIATES OR SUPPLIERS (OR THEIR RESPECTIVE EMPLOYEES OR AGENTS) BE LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND OR CHARACTER, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF LUCENT TECHNOLOGIES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR BODILY INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW

THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

Issue 1 October 1998 xv

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Lucent Technologies 3100, 3000 manual Limitation of Liability