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5. Government Licensee s. This provision applies to all Software and documentation acquired dire ctly or indirectly
by or on behalf of the Unit ed States Government. The Software and documenta tion are commercial pr oducts, licensed
on the open market at market prices, and were developed entirely at private expense and without the use of any U.S.
Government funds. The license to the U.S. Government is granted only with restricted rights, and use, duplicati on, or
disclosure by the U.S. Government is subject to the restrictions set forth in subparagraph (c)(1) of the Commercial
Computer Software––Restricted Right s clause of FAR 52.227-19 and the limitations set out in this license for civilian
agencies, and subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS
252.227-7013, for agencies of the Dep artment of Defense or their successors, whichever is applicable.
6. Use of Software in the European Community. This provision applies to all Software acquired for use within the
European Community. If Licensee uses the Software within a country in the European Community, the Software
Directive enacted by the Council of Eur opean Communities Directive dated 14 May, 1991, will apply to the
examination of the Software to facilitate interoperabilit y. Licen s ee agrees to notify Nortel Net wor ks of any such
intended examination of the Software and may procure support and assista nce from Nortel Networks.
7. Term and termination. This license is effective unti l terminated; however, all o f the restrictions with respect to
Nortel Networks’ copyright in the Software and user manuals will cease being effective at the date of expiration of the
Nortel Networks copyright; those restrictions relating to use and disclosure of Nortel Networks’ confidential
information shall co ntinue in effect. Licen see may terminate this license at any time. Th e license will automati cally
terminate if Licensee fails to com ply with any of the terms and conditions of t h e license. Upon termination for any
reason, Licensee will immediately destroy or return to Nortel Networks the Software, user manuals, and all cop ies.
Nortel Networks is not liable to Licensee f or damages in any form solely by reason of the termination of this license.
8. Export and Re-export. Licensee agrees not to export, directly or indirectly, the Software or related technical data
or information without first obtaining any required export licenses or other governmental approvals. Without limiting
the foregoing, Licensee, on behalf of itself and its subsidiaries and af filiates, agrees that it will not, without first
obtaining all export licenses and approvals required by the U.S. Government: (i) export, re-export, transfer, or divert
any such Software or technical data, or any direct product thereof, to any coun try to which such exports or re-exports
are restricted or embargoed under U nited States export control laws and regulations, or to any national or resident of
such restricted or embargoed countries; or (ii) provide the Software or related technical data or information to any
military end user or for any military end use, including the design, develop me nt, or production of any chemical,
nuclear, or biological weapons .
9. General. If any provision of this Agre ement is held to be invalid or unenforceable by a c ourt of competent
jurisdiction, the rem ainder of the provision s of this Agreement shal l remain in full force an d effect. This Agreement
will be governed by th e laws of the state of C alifornia.
Should you have any questions concerning this Agreement, contact Nortel Networks, 4401 Great America Parkway,
P.O. Box 58185, Santa Clara, California 95054-8185.
LICENSEE ACKNOWLEDGES THAT LICENSEE HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND
AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. LICENSEE FURTHER AGREES THAT THIS
AGREEMENT IS THE ENTIRE AND EXCLUSIVE AGREEMENT BETWEEN NORTEL NETWORKS AND
LICENSEE, WHICH SUPERSEDES ALL PRIOR ORAL AND WRITTEN AGREEMENTS AND
COMMUNICATIONS BETWEEN THE PARTIES PERTAINING TO THE SUBJECT MAT TER OF THIS
AGREEMENT. NO DIFFERENT OR ADDITIONAL TERMS WILL BE ENFORCEABLE AGAINST NORTEL
NETWORKS UNLESS NORTEL NETWORKS GIVES ITS EXPRESS WRITTEN CONSENT, INCLUDING AN
EXPRESS WAIVER OF THE TERMS OF THIS AGREEMENT.