Nortel Networks 2300 Series manual Software License Agreement

6

END CUSTOMER MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NORTEL OR ITS SUPPLIERS BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF PROFITS, OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES (OR DIRECT DAMAGES IN THE CASE OF NORTEL’S SUPPLIERS) ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR RELATED TO THE PRODUCT OR ANY USE OR INABILITY TO USE THE PRODUCT. Nortel ’S

TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE PRODUCT, OR USE OR INABILITY TO USE THE PRODUCT, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE PRICE PAID FOR THE PRODUCT. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF Nortel

AND/OR ITS SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Nortel

NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF ITS PRODUCTS.

Software License Agreement

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE SOFTWARE AND ASSOCIATED DOCUMENTATION THAT IS PROVIDED WITH THIS AGREEMENT (“SOFTWARE,” “DOCUMENTATION,” AND COLLECTIVELY, “LICENSED MATERIALS”).

BY USING ANY LICENSED MATERIALS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU WILL BE CONSENTING TO BE BOUND BY THEM. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE LICENSED MATERIALS AND RETURN THE LICENSED MATERIALS AND ANY EQUIPMENT PROVIDED BY Nortel IN CONNECTION THEREWITH (“EQUIPMENT”) UNUSED IN THE ORIGINAL SHIPPING CONTAINER TO THE PLACE OF PURCHASE FOR A FULL REFUND.

Software may be provided by Nortel on a standalone basis (“Standalone Software”) or it may be provided embedded in Equipment (“Embedded Software”).

1.License.

(a)Subject to the terms and conditions of this Agreement, Nortel (“Nortel”), grants to you (“Licensee”) a limited, non-exclusive, non-transferable license, without the right to sublicense: (i) to install and use the Standalone Software, in object code format only, on computer hardware for which all corresponding license fees have been paid; (ii) use one (1) copy of the Embedded Software, in object code format only, solely as embedded in Equipment, each solely in accordance with the Documentation for Licensee’s internal business purposes.

(b)The license set forth above does not include any rights to and Licensee shall not (i) reproduce (except as set forth in Section 1(c)), modify, translate or create any derivative work of all or any portion of the Licensed Materials or Equipment, (ii) sell, rent, lease, loan, provide, distribute or otherwise transfer all or any portion of the Licensed Materials (except as set forth in Section 1(f)), (iii) reverse engineer, reverse assemble or otherwise attempt to gain access to the source code of all or any portion of the Licensed Materials or Equipment, (iv) use the Licensed Materials for third-party training, commercial time-sharing or service bureau use, (v) remove, alter, cover or obfuscate any copyright notices, trademark notices or other proprietary rights notices placed or embedded on or in the Licensed Materials or Equipment, (vi) use any component of the Software or Equipment other than solely in conjunction with operation of the Software and as applicable, Equipment, (vii) unbundle any component of the Software or Equipment, (viii) use any component of the Software for the development of or in conjunction with any software application intended for resale that employs any such component, (ix) use the Licensed Materials or Equipment in life support systems, human implantation, nuclear facilities or systems or any other application where failure could lead to a loss of life or catastrophic property damage, or (x) cause or permit any third party to do any of the foregoing.

If Licensee is a European Union resident, Licensee acknowledges that information necessary to achieve interoperability of the Software with other programs is available upon request.

(c)Licensee may make a single copy of the Standalone Software and Documentation solely for its back-up purposes; provided that any such copy is the exclusive property of Nortel and its suppliers and includes all copyright and other intellectual property right notices that appear on the original.

NN47250-100 (Version 02.51)