Alcatel-Lucent OmniSwitch 6250, Cli Reference Manual, Page: 1989 / 2018

Software License and Copyright Statements Third Party Licenses and Notices
OmniSwitch 6250 CLI Reference Guide November 2009 page A-25
above restrictions. (This clause is necessary due to a potential bad interaction between the GPL and the
restrictions contained in a BSD-style copyright.)
THIS SOFTWARE IS PROVIDED “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY DISCLAIMED. IN
NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROF-
ITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABIL-
ITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF NOT
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
H. Apptitude, Inc.
Provided with this product is certain network monitoring software (“MeterWorks/RMON”) licensed from
Apptitude, Inc., whose copyright notice is as follows: Copyright (C) 1997-1999 by Apptitude, Inc. All
Rights Reserved. Licensee is notified that Apptitude, Inc. (formerly, Technically Elite, Inc.), a California
corporation with principal offices at 6330 San Ignacio Avenue, San Jose, California, is a third party bene-
ficiary to the Software License Agreement. The provisions of the Software License Agreement as applied
to MeterWorks/RMON are made expressly for the benefit of Apptitude, Inc., and are enforceable by
Apptitude, Inc. in addition to Alcatel-Lucent. IN NO EVENT SHALL APPTITUDE, INC. OR ITS
SUPPLIERS BE LIABLE FOR ANY DAMAGES, INCLUDING COSTS OF PROCUREMENT OF
SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, OR ANY SPECIAL, INDIRECT,
CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY
OF LIABILITY, ARISING IN ANY WAY OUT OF THIS AGREEMENT.
I. Agranat
Provided with this product is certain web server software (“EMWEB PRODUCT”) licensed from Agranat
Systems, Inc. (“Agranat”). Agranat has granted to Alcatel-Lucent certain warranties of performance,
which warranties [or portion thereof] Alcatel-Lucent now extends to Licensee. IN NO EVENT,
HOWEVER, SHALL AGRANAT BE LIABLE TO LICENSEE FOR ANY INDIRECT, SPECIAL, OR
CONSEQUENTIAL DAMAGES OF LICENSEE OR A THIRD PARTY AGAINST LICENSEE ARIS-
ING OUT OF, OR IN CONNECTION WITH, THIS DISTRIBUTION OF EMWEB PRODUCT TO
LICENSEE. In case of any termination of the Software License Agreement between Alcatel-Lucent and
Licensee, Licensee shall immediately return the EMWEB Product and any back-up copy to Alcatel-
Lucent, and will certify to Alcatel-Lucent in writing that all EMWEB Product components and any copies
of the software have been returned or erased by the memory of Licensee’s computer or made non-read-
able.
J. RSA Security Inc.
Provided with this product is certain security software (“RSA Software”) licensed from RSA Security Inc.
RSA SECURITY INC. PROVIDES RSA SOFTWARE “AS IS” WITHOUT ANY WARRANTY WHAT-
SOEVER. RSA SECURITY INC. DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STAT-
UTORY, AS TO ANY MATTER WHATSOEVER INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF
THIRD PARTY RIGHTS.