Appendix E. ServiceLink End User License Agreement
Authorized Integrator without your prior consent (except as required by subpoena, search warrant or other legal process or as a
result of the assignment or transfer of this Agreement by Mitel Networks).
8. LIMITATION OF LIABILITY - Mitel Networks and/or its respective suppliers may make improvements and/or changes in
the ServiceLink Services at any time without obligation to notify any person or entity of such changes. Mitel Networks does not
represent or warrant that the ServiceLink Services including the ServiceLink Software and any open source software
components will be uninterrupted or error-free, that defects will be corrected, or that the Service Link Services or the server that
makes it available, or any open source software components are free of viruses or other harmful components. Mitel Networks
does not warrant or represent that the use or the results of the use of the ServiceLink Services or the materials made available as
part of the ServiceLink Services or any open source software components will be correct, accurate, timely, or otherwise reliable.
9. DISCLAIMER OF WARRANTIES - THE SERVICELINK SERVICES AND ANY OPEN SOURCE SOFTWARE
COMPONENTS ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CONDITIONS, CLAIMS OR
REPRESENTATIONS MADE BY MITEL NETWORKS OR ITS SUPPLIERS, EITHER EXPRESS, IMPLIED, OR
STATUTORY, WITH RESPECT TO THE SERVICELINK SERVICES, AND ANY OPEN SOURCE SOFTWARE
COMPONENTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES
CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. MITEL NETWORKS DOES
NOT WARRANT THAT THE SERVICELINK SERVICES AND/OR OPEN SOURCE SOFTWARE COMPONENTS WILL
MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATIONS OF THE SERVICE WILL BE
UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS
AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICELINK
SERVICES. SHOULD ANY PART OF THIS DISCLAIMER NOT BE ALLOWED UNDER CERTAIN JURISDICTIONS,
THOSE PARTS MAY NOT APPLY TO YOU. WHERE LAWFUL, MITEL NETWORKS RESERVES THE RIGHT TO
NOMINATE THE JURISDICTION OF ITS CHOICE UNDER WHICH THIS CONTRACT WILL BE ENFORCED.
10. EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES - MITEL NETWORKS AND ITS SUPPLIERS WILL
NOT BE LIABLE TO USER OR ANY THIRD-PARTY CLAIMANT FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,
CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, (INCLUDING BUT NOT LIMITED TO LOST DATA,
LOST PROFITS OR SAVINGS, LOSS OF BUSINESS OR OTHER ECONOMIC LOSS) WHETHER BASED ON A CLAIM
OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY
STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF MITEL NETWORKS (OR ITS
SUPPLIERS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU. MITEL
NETWORKS’ MAXIMUM LIABILITY UNDER THIS AGREEMENT IS LIMITED TO AN AMOUNT EQUAL TO THE
FEES ACTUALLY PAID FOR THE SERVICELINK SERVICES UNDER THIS AGREEMENT FOR A PERIOD NOT TO
EXCEED ONE YEAR.
11. INDEMNIFICATION - You agree to indemnify and defend, at your expense Mitel Networks including without limitation its
suppliers, and hold them harmless from any and all claims, damages, and expenses including reasonable attorney’s fees and
expenses arising out of your use of the ServiceLink Services and/or any open source software with any third parties or from your
negligent acts or omissions or willful misconduct. You will reimburse Mitel Networks the full cost of any and all claims,
damages or losses your use or misuse of the ServiceLink Services may incur, and you authorize Mitel Networks to recover such
losses without prior notice by any means.
12. PROPRIETARY RIGHTS - Title, ownership rights, and intellectual property rights in and to the ServiceLink Services
including without limitation the ServiceLink Software, and reports or documentation provided as part of the ServiceLink
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