Mitel SME Server V5 with ServiceLink manual 128

Appendix E. ServiceLink End User License Agreement

Authorized Integrator without your prior consent (except as required by subpoena, search warrant or other legal process or as a result of the assignment or transfer of this Agreement by Mitel Networks).

8.LIMITATION OF LIABILITY - Mitel Networks and/or its respective suppliers may make improvements and/or changes in the ServiceLink Services at any time without obligation to notify any person or entity of such changes. Mitel Networks does not represent or warrant that the ServiceLink Services including the ServiceLink Software and any open source software components will be uninterrupted or error-free, that defects will be corrected, or that the Service Link Services or the server that makes it available, or any open source software components are free of viruses or other harmful components. Mitel Networks does not warrant or represent that the use or the results of the use of the ServiceLink Services or the materials made available as part of the ServiceLink Services or any open source software components will be correct, accurate, timely, or otherwise reliable.

9.DISCLAIMER OF WARRANTIES - THE SERVICELINK SERVICES AND ANY OPEN SOURCE SOFTWARE COMPONENTS ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CONDITIONS, CLAIMS OR REPRESENTATIONS MADE BY MITEL NETWORKS OR ITS SUPPLIERS, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICELINK SERVICES, AND ANY OPEN SOURCE SOFTWARE COMPONENTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. MITEL NETWORKS DOES NOT WARRANT THAT THE SERVICELINK SERVICES AND/OR OPEN SOURCE SOFTWARE COMPONENTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATIONS OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICELINK SERVICES. SHOULD ANY PART OF THIS DISCLAIMER NOT BE ALLOWED UNDER CERTAIN JURISDICTIONS, THOSE PARTS MAY NOT APPLY TO YOU. WHERE LAWFUL, MITEL NETWORKS RESERVES THE RIGHT TO NOMINATE THE JURISDICTION OF ITS CHOICE UNDER WHICH THIS CONTRACT WILL BE ENFORCED.

10.EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES - MITEL NETWORKS AND ITS SUPPLIERS WILL NOT BE LIABLE TO USER OR ANY THIRD-PARTY CLAIMANT FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, (INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS OR SAVINGS, LOSS OF BUSINESS OR OTHER ECONOMIC LOSS) WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF MITEL NETWORKS (OR ITS SUPPLIERS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU. MITEL NETWORKS' MAXIMUM LIABILITY UNDER THIS AGREEMENT IS LIMITED TO AN AMOUNT EQUAL TO THE FEES ACTUALLY PAID FOR THE SERVICELINK SERVICES UNDER THIS AGREEMENT FOR A PERIOD NOT TO EXCEED ONE YEAR.

11.INDEMNIFICATION - You agree to indemnify and defend, at your expense Mitel Networks including without limitation its suppliers, and hold them harmless from any and all claims, damages, and expenses including reasonable attorney's fees and expenses arising out of your use of the ServiceLink Services and/or any open source software with any third parties or from your negligent acts or omissions or willful misconduct. You will reimburse Mitel Networks the full cost of any and all claims, damages or losses your use or misuse of the ServiceLink Services may incur, and you authorize Mitel Networks to recover such losses without prior notice by any means.

12.PROPRIETARY RIGHTS - Title, ownership rights, and intellectual property rights in and to the ServiceLink Services including without limitation the ServiceLink Software, and reports or documentation provided as part of the ServiceLink

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