Nortel Networks NN47200-503 manual General

reasonable means to determine Customer’s Software activation or usage levels. If suppliers of third party software included in Software require Nortel Networks to include additional or different terms, Customer agrees to abide by such terms provided by Nortel Networks 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 NETWORKS 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 developer and/or supplier is an intended beneficiary of this Section. Some jurisdictions do not allow these limitations or exclusions and, in such event, they may not apply.

4.General

a)If Customer is the United States Government, the following paragraph shall apply: All Nortel Networks Software available under this License Agreement is commercial computer software and commercial computer software documentation and, in the event Software is licensed for or on behalf of the United States Government, the respective rights to the software and software documentation are governed by Nortel Networks standard commercial license in accordance with U.S. Federal Regulations at 48 C.F.R. Sections 12.212 (for non-DoD entities) and 48 C.F.R. 227.7202 (for DoD entities).

b)Customer may terminate the license at any time. Nortel Networks may terminate the license if Customer fails to comply with the terms and conditions of this license. In either event, upon termination, Customer must either return the Software to Nortel Networks or certify its destruction.

c)Customer is responsible for payment of any taxes, including personal property taxes, resulting from Customer’s use of the Software. Customer agrees to comply with all applicable laws including all applicable export and import laws and regulations.

d)Neither party may bring an action, regardless of form, more than two years after the cause of the action arose.

e)The terms and conditions of this License Agreement form the complete and exclusive agreement between Customer and Nortel Networks.

f)This License Agreement is governed by the laws of the country in which Customer acquires the Software. If

the Software is acquired in the United States, then this License Agreement is governed by the laws of the state of New York.