Lucent Technologies USS-720 Driver Software Object Code License Agreement continued, February

USS-720
Software Use Agreement	February 1999

USS-720 Driver Software (Object Code) License Agreement (continued)

ARTICLE IV—MISCELLANEOUS PROVISIONS

4.01 Agreement Prevails

This agreement shall prevail notwithstanding any conflicting terms or legends which may appear on or in

LICENSED SOFTWARE.

4.02 Warranty and Indemnity

(a)LUCENT warrants that LICENSED SOFTWARE will be in good working order at the time it is furnished. If LICENSED SOFTWARE is not in good working order at such time, LUCENT will, upon return of LICENSED SOFTWARE at any time within ninety (90) days after LICENSED SOFTWARE was first furnished, replace LICENSED SOFTWARE without charge.

(b)The devices in the LUCENT CHIP SET are covered by the warranty and indemnity provisions set forth in the LUCENT terms and conditions pursuant to which such products are sold.

(c)LUCENT AND ITS AFFILIATES MAKE NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING LICENSED SOFTWARE. BY WAY OF EXAMPLE, BUT NOT OF LIMITATION, LUCENT AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE USE OF LICENSED SOFTWARE WILL NOT INFRINGE ANY PATENT, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT. LUCENT AND ITS AFFILIATES SHALL NOT BE HELD TO ANY LIABILITY WITH RESPECT TO ANY CLAIM BY LICENSEE, OR A THIRD PARTY ON ACCOUNT OF, OR ARISING FROM, THE USE OF LICENSED SOFTWARE.

(d)Nothing herein confers on LICENSEE, or upon anyone claiming under LICENSEE, any license (expressly, impliedly, by estoppel or otherwise) under any patent of LUCENT or others covering or relating to any combina- tion in which LICENSED SOFTWARE is or might be used.

4.03 Nothing Construed

Nothing contained herein shall be construed as:

(i)conferring by implication, estoppel, or otherwise any license or right to use any name, trade name, trade- mark, service mark, symbol, or any other identification or any abbreviation, contraction, or simulation thereof;

(ii)an obligation upon LUCENT or any of its affiliates to furnish any person, including LICENSEE, any assis- tance of any kind whatsoever or any information or documentation other than LICENSED SOFTWARE to be furnished pursuant to Section 1.02; or

(iii except for the right to furnish object-code versions to customers as provided in Section 1.01(a)(ii), a right to sell, lease, sublicense or otherwise transfer or dispose of LICENSED SOFTWARE, in whole or in part.

4.04 Confidentiality

(a)LICENSEE agrees to hold all parts of LICENSED SOFTWARE in confidence for LUCENT. LICENSEE further agrees not to make any disclosure of LICENSED SOFTWARE (including methods or concepts utilized therein) to anyone, except to employees of LICENSEE to whom such disclosure is necessary to the use for which rights are granted hereunder.

(b)LICENSEE shall ensure that an obligation not to disclose confidential information forms part of its terms of employment.

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