8Nortel Networks Software License Agreement
5DISCLAIMER OF WARRANTY: THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS. NORTEL DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
6NO LIABILITY FOR CONSEQUENTIAL DAMAGES: NEITHER NORTEL NOR ANY OF ITS AGENTS OR SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES, OR LOST DATA, OR LOST PROFITS, ARISING FROM THE SOFTWARE OR THIS LICENSE AGREEMENT, EVEN IF NORTEL OR SUCH AGENT OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND WHETHER ANY SUCH DAMAGE ARISES OUT OF CONTRACT (INCLUDING FUNDAMENTAL BREACH) TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. NORTEL’S ENTIRE LIABILITY FOR ANY CLAIM OR LOSS, DAMAGE OR EXPENSE FROM ANY CAUSE WHATSOEVER, WHETHER ARISING IN CONTRACT (ETC.) SHALL IN NO EVENT EXCEED THE PRICE PAID BY YOU UNDER THIS LICENSE AGREEMENT. In some jurisdictions you may have additional rights in which case some of the above may not apply to you.
7Governing Law: This License Agreement is governed by the laws of Ontario and the federal laws of Canada applicable therein. The United Nations convention on Contracts for the International Sale of Goods, is expressly excluded. You agree that the Software shall not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act, or any other export laws, restrictions or regulations.
8Notice to United States Government End Users: You acknowledge that any Software furnished under this License Agreement is commercial computer software developed at private expense and is provided with RESTRICTED RIGHTS. Any use modification, reproduction, display, release, duplication or disclosure of this commercial computer software by the United States Government or its agencies is subject to the terms and conditions and restrictions of the License Agreement in accordance with the United States Federal Regulations at 48 C.F.R. Section 12.212 and Subsection
9General: Should any term of this License Agreement be declared void or unenforceable, such term shall be deemed severable from the remaining terms but shall in no way otherwise affect the validity or enforceability of this License Agreement. This License Agreement represents the entire agreement between Nortel and you concerning the Software, and supersedes all prior understandings and agreements relating to the Software, whether oral or written. The failure of Nortel to enforce any of its rights granted hereunder or to take action against you in the event that you breach any term hereunder, shall not be deemed to be a waiver by Nortel as to subsequent enforcement of rights or subsequent actions in the event of future breaches by you.
