Nortel SCS, User Manual

Page: 9 / 41

2007 Nortel Software Communication System v1.0
5. Limitation of Liability/Warranty. I
N NO EVENT SHALL
N
ORTEL OR ITS DIRECTORS
,
OFFICERS
,
EMPLOYEES
,
AGENTS
,
RESELLERS OR SUPPLIERS BE LIABLE FOR
(
A
)
DAMAGES BASED ON ANY THIRD PARTY
CLAIM
,
EXCEPT AS SET FORTH IN
S
ECTION
E
RROR
! R
EFERENCE SOURCE NOT FOUND
. (P
ATENTS AND
C
OPYRIGHTS
),
(
B
)
LOSS OF
,
OR DAMAGE TO
, E
ND
U
SER
’
S RECORDS
,
FILES OR DATA
,
OR
(
C
)
INDIRECT
,
SPECIAL
,
INCIDENTAL
,
PUNITIVE
,
OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS
,
SAVINGS
,
REVENUE
,
DATA
,
OPPORTUNITY OR
REPUTATION
,
EVEN IF
N
ORTEL OR ITS RESELLERS ARE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR
LOSS
.
In no event shall Nortel or any of its directors, officers, employees, agents, resellers or suppliers be liable to End
User for more than the amount of any actual direct damages suffered by the End User, up to a maximum of the
amount actually paid for the Software that is the subject of the claim, regardless of the cause and whether arising in
contract, tort (including negligence) or otherwise. This limitation will not apply to (d) claims for damages for bodily
injury (including death), (e) damage to real property and tangible personal property for which Nortel is legally
liable, and (f) payments as set forth in Section 4 (Patents and Copyrights), if applicable. Nothing in this Agreement
shall limit or exclude any liability to the extent that the same cannot be excluded or limited according to the
governing law of this Agreement.
N
ORTEL
,
ITS RESELLERS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS
,
EXPRESS AND
IMPLIED
,
INCLUDING
,
BUT NOT LIMITED TO
,
WARRANTIES OR CONDITIONS CONCERNING QUALITY
,
MERCHANTABILITY
,
INFRINGEMENT
,
QUIET ENJOYMENT
,
TITLE
,
HARMFUL CONTENT
,
INCLUDING VIRUSES OR
THE LIKE
,
AND FITNESS FOR A PARTICULAR PURPOSE
. I
N THE EVENT THE
S
OFTWARE IS
P
URCHASED BY
E
ND
U
SER FROM AN AUTHORIZED
N
ORTEL RESELLER
,
THE EXPRESS WARRANTIES FOR
S
OFTWARE DESCRIBED IN
S
ECTION
E
RROR
! R
EFERENCE SOURCE NOT FOUND
. (L
IMITED
W
ARRANTY
)
AND
S
ECTION
E
RROR
! R
EFERENCE
SOURCE NOT FOUND
. (P
ATENTS AND
C
OPYRIGHTS
)
SHALL NOT APPLY
,
AND
E
ND
U
SER
’
S SOLE EXPRESS
WARRANTIES
,
IF ANY
,
WILL BE THOSE GRANTED TO
E
ND
U
SER BY THE AUTHORIZED
N
ORTEL RESELLER IN A
SEPARATE AGREEMENT
.
6. Government End Users. This provision applies to all Software and Documentation purchased directly or
indirectly by or on behalf of the United States Government. All Software and Documentation provided under this
License is commercial computer software and commercial computer software documentation, respectively, and, in
the event Software is licensed for or on behalf of the United States Government, the respective rights to the Software
and associated Documentation are governed by Nortel standard commercial license in accordance with U.S. Federal
Regulations at 48 C.F.R. Sections 12.212 (for non-DoD entities) and 48 C.F.R. Sections 227.7202 (for DoD
entities).
7. Use of Software in the European Community. This provision applies only if this License authorizes End
User to use 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, including in relation to any
examination of the Software to facilitate interoperability solely to the extent permitted under the Directive and
various national laws implementing the Directive. End User agrees to provide Nortel with prior written notification
of any such intended examination of Software acquired for use within the European Community, and may procure
support and assistance from Nortel.
8.
Confidentiality. “ Confidential Information ” means the Software, the Documentation, and any other
information that is designated at the time of disclosure as confidential (or like designation), that is disclosed in
circumstances of confidence, or that would be understood by End User, exercising reasonable business judgment, as
being confidential. Except as expressly permitted herein, End User agrees (a) to use the Confidential Information
solely for the purposes for which it was disclosed, (b) not to disclose, disseminate or publish the Confidential
Information, and (c) to protect against the disclosure, dissemination, publication or unauthorized use of the
Confidential Information using at least the same care and discretion as it uses with its own similar information that it
does not wish to disclose, publish or disseminate, but no less than reasonable care. End User may disclose the
Confidential Information only to those of its employees and employees of its parent and its more than fifty percent
(50%) owned subsidiaries and its subcontractors who have a need to know in order to use the Confidential
Information as permitted by the Licensed Use. Before disclosure to any of the above parties, End User must have a
written agreement with such party sufficient to require that party to treat Confidential Information in accordance