Nortel Optivity Switch, Using Manual

Page: 4 / 192

4
208963-B
own data and information and for maintaining adequate procedures apart from the Software to reconstruct lost or altered
files, data, or programs.
4. Limitation of liability. IN NO EVENT WILL NORTEL NETWORKS OR ITS LICENSORS BE LIABLE FOR
ANY COST OF SUBSTITUTE PROCUREMENT; SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES; OR ANY DAMAGES RESULTING FROM INACCURATE OR LOST DATA OR LOSS OF USE OR
PROFITS ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE SOFTWARE, EVEN IF
NORTEL NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL THE LIABILITY OF NORTEL NETWORKS RELATING TO THE SOFTWARE OR THIS AGREEMENT
EXCEED THE PRICE PAID TO NORTEL NETWORKS FOR THE SOFTWARE LICENSE.
5. Government licensees. This provision applies to all Software and documentation acquired directly or indirectly by or
on behalf of the United States Government. The Software and documentation are commercial products, licensed on the
open market at market prices, and were developed entirely at private expense and without the use of any U.S.
Government funds. The license to the U.S. Government is granted only with restricted rights, and use, duplication, or
disclosure by the U.S. Government is subject to the restrictions set forth in subparagraph (c)(1) of the Commercial
Computer Software––Restricted Rights clause of FAR 52.227-19 and the limitations set out in this license for civilian
agencies, and subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS
252.227-7013, for agencies of the Department of Defense or their successors, whichever is applicable.
6. Use of software in the European Community. This provision applies to all Software acquired for use within the
European Community. If Licensee uses the Software within a country in the European Community, the Software
Directive enacted by the Council of European Communities Directive dated 14 May, 1991, will apply to the examination
of the Software to facilitate interoperability. Licensee agrees to notify Nortel Networks of any such intended
examination of the Software and may procure support and assistance from Nortel Networks.
7. Term and termination. This license is effective until terminated; however, all of the restrictions with respect to
Nortel Networks’ copyright in the Software and user manuals will cease being effective at the date of expiration of the
Nortel Networks copyright; those restrictions relating to use and disclosure of Nortel Networks’ confidential information
shall continue in effect. Licensee may terminate this license at any time. The license will automatically terminate if
Licensee fails to comply with any of the terms and conditions of the license. Upon termination for any reason, Licensee
will immediately destroy or return to Nortel Networks the Software, user manuals, and all copies. Nortel Networks is not
liable to Licensee for damages in any form solely by reason of the termination of this license.
8. Export and re-export. Licensee agrees not to export, directly or indirectly, the Software or related technical data or
information without first obtaining any required export licenses or other governmental approvals. Without limiting the
foregoing, Licensee, on behalf of itself and its subsidiaries and affiliates, agrees that it will not, without first obtaining all
export licenses and approvals required by the U.S. Government: (i) export, re-export, transfer, or divert any such
Software or technical data, or any direct product thereof, to any country to which such exports or re-exports are restricted
or embargoed under United States export control laws and regulations, or to any national or resident of such restricted or
embargoed countries; or (ii) provide the Software or related technical data or information to any military end user or for
any military end use, including the design, development, or production of any chemical, nuclear, or biological weapons.
9. General. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent
jurisdiction, the remainder of the provisions of this Agreement shall remain in full force and effect. This Agreement will
be governed by the laws of the state of California.
Should you have any questions concerning this Agreement, contact Nortel Networks, 4401 Great America Parkway, P.O.
Box 58185, Santa Clara, California 95054-8185.
LICENSEE ACKNOWLEDGES THAT LICENSEE HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND
AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. LICENSEE FURTHER AGREES THAT THIS
AGREEMENT IS THE ENTIRE AND EXCLUSIVE AGREEMENT BETWEEN NORTEL NETWORKS AND
LICENSEE, WHICH SUPERSEDES ALL PRIOR ORAL AND WRITTEN AGREEMENTS AND
COMMUNICATIONS BETWEEN THE PARTIES PERTAINING TO THE SUBJECT MATTER OF THIS
AGREEMENT. NO DIFFERENT OR ADDITIONAL TERMS WILL BE ENFORCEABLE AGAINST NORTEL
NETWORKS UNLESS NORTEL NETWORKS GIVES ITS EXPRESS WRITTEN CONSENT, INCLUDING AN
EXPRESS WAIVER OF THE TERMS OF THIS AGREEMENT.