3916 Service Delivery Switch
Hardware Installation and Start-up Manual
009-3226-001 Standard Revision E
Copyright
©
2013-2015 Ciena
®
Corporation
July 2015
6
. Limitation of Liability.
ANY LIABILITY OF Ciena SHALL BE LIMITED IN THE AGGREGATE TO THE
AMOUNTS PAID BY YOU FOR THE SOFTWARE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION,
INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE,
STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS. THE LIMITATIONS OF LIABILITY
DESCRIBED IN THIS SECTION ALSO APPLY TO ANY THIRD-PARTY SUPPLIER OF Ciena. NEITHER Ciena
NOR ANY OF ITS THIRD-PARTY SUPPLIERS SHALL BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE,
WHETHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL INCLUDING WITHOUT LIMITATION ANY
LOST PROFITS, CONTRACTS, DATA OR PROGRAMS, AND THE COST OF RECOVERING SUCH DATA OR
PROGRAMS, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE
7
General.
Ciena may assign this Agreement to any Ciena affiliate or to a purchaser of the intellectual property
rights in the Software, but otherwise neither this Agreement nor any rights hereunder may be assigned nor duties
delegated by either party, and any attempt to do so will be void. This Agreement shall be governed by the laws of
the State of Maryland (without regard to the conflict of laws provisions) and shall be enforceable in the courts of
Maryland. The U.N. Convention on Contracts for the International Sale of Goods shall not apply hereto. This
Agreement constitutes the complete and exclusive statement of agreement between the parties relating to the
license for the Software and supersedes all proposals, communications, purchase orders, and prior agreements,
verbal or written, between the parties. If any portion hereof is found to be void or unenforceable, the remaining
provisions shall remain in full force and effect.
Summary of Contents for 170-3916-900
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