Nortel Networks 1000BASE-XD, 8100 manual 204515-C

Directive enacted by the Council of European Communities Directive dated 14 May, 1991, will apply to the examination of the Software to facilitate interoperability. Licensee agrees to notify Nortel Networks of any such intended examination of the Software and may procure support and assistance from Nortel Networks.

7.Term and termination. This license is effective until terminated; however, all of 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 continue in effect. Licensee may terminate this license at any time. The license will automatically terminate if Licensee fails to comply with any of the terms and conditions of the license. Upon termination for any reason, Licensee will immediately destroy or return to Nortel Networks the Software, user manuals, and all copies. Nortel Networks is not liable to Licensee for 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 affiliates, 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 country to which such exports or re-exports are restricted or embargoed under United 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, development, or production of any chemical, nuclear, or biological weapons.

9.General. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of the provisions of this Agreement shall remain in full force and effect. This Agreement will be governed by the laws of the state of California.

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 MATTER 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.

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