Lucent Technologies 5 manual Remote Administration Maintenance, Limitation of Liability

MERLIN LEGEND Communications System Release 5.0		Issue 1
System Manager’s Guide 555-650-118		June 1997
A Customer Support Information
	Remote Administration and Maintenance	Page A-20
	Limitation of Liability	1

Except as provided below, the liability of Lucent Technologies and its affiliates and suppliers for any claims, losses, damages, or expenses from any cause whatsoever (including acts or omissions of third parties), regardless of the form of action, whether in contract, tort, or otherwise, shall not exceed the lesser of:

(1)the direct damages proven; or (2) the repair cost, replacement cost, license fee, annual rental charge, or purchase price, as the case may be, of the equipment that gives rise to the claim. Except as provided below, Lucent Technologies and its affiliates and suppliers shall not be liable for any incidental, special, reliance, consequential, or indirect loss or damage incurred in connection with the equipment. As used in this paragraph, consequential damages include, but are not limited to, the following: lost profits, lost revenues, and losses arising out of unauthorized use (or charges for such use) of common carrier telecommunications services or facilities accessed through or connected to the equipment. For personal injury caused by Lucent Technologies’s negligence, Lucent Technologies’s liability shall be limited to proven damages to person. No action or proceeding against Lucent Technologies or its affiliates or suppliers may be commenced more than twenty-four (24) months after the cause of action accrues. THIS PARAGRAPH SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.

Remote Administration	1
and Maintenance

The Remote Administration and Maintenance feature of your telecommunications system, if you choose to use it, permits users to change the system features and capabilities from a remote location.

The Remote Administration and Maintenance feature, through proper administration, can help you reduce the risk of unauthorized persons gaining access to the network. However, telephone numbers and access codes can be compromised when overheard in a public location, or lost through theft of a wallet or purse containing access information or through carelessness (for example, writing codes on a piece of paper and improperly discarding them). Additionally, hackers may use a computer to dial an access code and then publish the information to other hackers. Substantial charges can accumulate quickly. It is your responsibility to take appropriate steps to implement the features properly, evaluate and administer the various restriction levels, and protect and carefully distribute access codes.

Under applicable tariffs, you will be responsible for payment of toll charges. Lucent Technologies cannot be responsible for such charges and will not make any allowance or give any credit resulting from unauthorized access.

To reduce the risk of unauthorized access through Remote Administration and

Maintenance, please observe the following procedures: