Nortel Networks 2300 Series manual Nortel Networks software license agreement

3

SUCH PORTIONS OF THE SOFTWARE ARE PROVIDED “AS IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

In addition, the program and information contained herein are licensed only pursuant to a license agreement that contains restrictions on use and disclosure (that may incorporate by reference certain limitations and notices imposed by third parties).

Nortel Networks software license agreement

This Software License Agreement (“License Agreement”) is between you, the end-user (“Customer”) and Nortel Corporation and its subsidiaries and affiliates (“Nortel Networks”). PLEASE READ THE FOLLOWING CAREFULLY. YOU MUST ACCEPT THESE LICENSE TERMS IN ORDER TO DOWNLOAD AND/OR USE THE SOFTWARE. USE OF THE SOFTWARE CONSTITUTES YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT. If you do not accept these terms and conditions, return the Software, unused and in the original shipping container, within 30 days of purchase to obtain a credit for the full purchase price.

“Software” is owned or licensed by Nortel, its parent or one of its subsidiaries or affiliates, and is copyrighted and licensed, not sold. Software consists of machine-readable instructions, its components, data, audio-visual content (such as images, text, recordings or pictures) and related licensed materials including all whole or partial copies. Nortel grants you a license to use the Software only in the country where you acquired the Software. You obtain no rights other than those granted to you under this License Agreement. You are responsible for the selection of the Software and for the installation of, use of, and results obtained from the Software.

1.Licensed Use of Software. Nortel Networks grants Customer a nonexclusive license to use a copy of the Software on only one machine at any one time or to the extent of the activation or authorized usage level, whichever is applicable. To the extent Software is furnished for use with designated hardware or Customer furnished equipment (“CFE”), Customer is granted a nonexclusive license to use Software only on such hardware or CFE, as applicable. Software contains trade secrets and Customer agrees to treat Software as confidential information using the same care and discretion Customer uses with its own similar information that it does not wish to disclose, publish or disseminate. Customer will ensure that anyone who uses the Software does so only in compliance with the terms of this Agreement. Customer shall not a) use, copy, modify, transfer or distribute the Software except as expressly authorized; b) reverse assemble, reverse compile, reverse engineer or otherwise translate the Software; c) create derivative works or modifications unless expressly authorized; or d) sublicense, rent or lease the Software. Licensors of intellectual property to Nortel are beneficiaries of this provision. Upon termination or breach of the license by Customer or in the event designated hardware or CFE is no longer in use, Customer will promptly return the Software to Nortel or certify its destruction. Nortel may audit by remote polling or other reasonable means to determine Customer’s Software activation or usage levels. If suppliers of third party software included in Software require Nortel to include additional or different terms, Customer agrees to abide by such terms provided by Nortel with respect to such third party software.

2.Warranty. Except as may be otherwise expressly agreed to in writing between Nortel Networks and Customer, Software is provided “AS IS” without any warranties (conditions) of any kind. NORTEL NETWORKS DISCLAIMS ALL WARRANTIES (CONDITIONS) FOR THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. Nortel Networks is not obligated to provide support of any kind for the Software. Some jurisdictions do not allow exclusion of implied warranties, and, in such event, the above exclusions may not apply.

3.Limitation of Remedies. IN NO EVENT SHALL NORTEL OR ITS AGENTS OR SUPPLIERS BE LIABLE FOR ANY OF THE FOLLOWING: a) DAMAGES BASED ON ANY THIRD PARTY CLAIM; b) LOSS OF, OR DAMAGE TO, CUSTOMER’S RECORDS, FILES OR DATA; OR c) DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS), WHETHER IN CONTRACT, TORT OR OTHERWISE (INCLUDING NEGLIGENCE) ARISING OUT OF YOUR USE OF THE SOFTWARE, EVEN IF NORTEL NETWORKS, ITS AGENTS OR SUPPLIERS HAVE BEEN ADVISED OF THEIR POSSIBILITY. The forgoing limitations of remedies also apply to any developer and/or supplier of the Software. Such

Nortel WLAN—Security Switch 2300 Series Command Line Reference