Nortel SCS, User Manual

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Software Communication System v1.0 2007 Nortel
Nortel Software License
NOTE: Section 3 (Limited Warranty) and Section 4 (Patents and Copyrights) apply only in the event End
User has Purchased the Software directly from Nortel.
3. Limited Warranty. Nortel warrants that it has the authority to grant the license set forth herein and further
warrants that when the Software provided by Nortel or an authorized Nortel reseller is used in the specified
operating environment, for the Licensed Use, it shall substantially conform to its Documentation during the warranty
period. The warranty period for the Software shall be as specified in the Documentation, but in no event less than
ninety (90) days from the date of Purchase. If the Software does not function as warranted in this Section 3 (Limited
Warranty) during the warranty period, Nortel shall, at its option, provide a suitable fix or workaround or replace the
Software, provided the Software is within one software release level of the then-current release of the Software. In
the event Nortel determines that repair or replacement as set forth herein cannot be made using commercially
reasonable efforts, Nortel will grant End User a credit equal to the End User’s then net book value for the Software,
provided End User has followed generally-accepted accounting principles. No warranty is provided for the failure
of the Software to substantially conform to its Documentation caused by (a) use with non-Nortel products, (b) use
outside the scope of the Licensed Use, (c) the Software’s inability to operate, or End User’s use of the Software, in
conjunction or combination with other hardware or software not provided by Nortel, (d) services, including
installation, not performed by Nortel, or (e) parts or components not purchased from Nortel or from an authorized
Nortel reseller. All warranties shall be voided by misuse, accident, damage, modification, failure to maintain proper
physical or operating environment, or improper use or maintenance. The Software is not warranted to operate
uninterrupted or error free.
T
HESE WARRANTIES AND REMEDIES ARE
E
ND
U
SER
’
S EXCLUSIVE WARRANTIES AND SOLE REMEDIES WITH
RESPECT TO THE
S
OFTWARE
.
4. Patents and Copyrights. If a third party claims that the Software provided by Nortel to End User in
conjunction with this License infringes the third party’s patent right or copyright, Nortel shall defend End User
against such claim at Nortel’s expense and shall pay all costs and damages that a court finally awards, or that are
agreed to in settlement of the claim by Nortel, provided that End User (a) promptly notifies Nortel in writing of the
claim, and (b) allows Nortel to control the defense and any related settlement negotiations, and, at Nortel’s request,
cooperates with Nortel in conjunction therewith. In the event such a claim is made or appears likely to be made
Nortel may, and in the event a court of competent jurisdiction finds that such an infringement has occurred Nortel
shall, at its option, (c) modify the Software so that it is not infringing the claimed patent right or copyright,
(d) replace the Software with functionally equivalent software which is not infringing the claimed patent right or
copyright, or (e) secure the right for End User to continue to use the Software without infringing the claimed patent
right or copyright. If, however, Nortel determines that none of these options is available, or commercially
reasonable or feasible, the End User agrees to return the Software upon written request, and Nortel will then grant
End User a credit equal to the End User’s then net book value for the Software, provided End User has followed
generally-accepted accounting principles. Any claims against End User or liability for infringement arising from the
Software or use thereof following a request for return of the Software by Nortel are the sole responsibility of End
User. This represents End User’s sole and exclusive remedy regarding any claim of infringement associated with
the Software or any use thereof. Notwithstanding any of the foregoing, Nortel shall have no liability or obligation,
including, without limitation, to defend or indemnify End User, with respect to any claim based on or arising from
(f) anything End User or any third party provides that is incorporated into or used with the Software or that the
Software is incorporated into (except as expressly provided for herein), (g) third party hardware or software,
(h) compliance by Nortel or its authorized resellers with End User’s specifications, designs or instruction or any
modification, change or improvement made at the request, or for the benefit, of End User, (i) the amount of revenues
or profits earned or other value obtained by the use of Software, or the amount of use of the Software, (j) End User’s
modification of the Software, (k) the combination, operation, or use of the Software with other software, products or
items, (l) End User’s failure to install or have installed changes, revisions or updates as instructed by Nortel, or
(m) improper use of the Software or use outside the scope of the Licensed Use.