Alcatel-Lucent License Agreement
Software License and Copyright Statements
page A-2
OmniSwitch AOS Release 7 Advanced Routing Guide
March 2011
3.
Confidentiality.
Alcatel-Lucent considers the Licensed Files to contain valuable trade secrets of
Alcatel-Lucent, the unauthorized disclosure of which could cause irreparable harm to Alcatel-Lucent.
Except as expressly set forth herein, Licensee agrees to use reasonable efforts not to disclose the Licensed
Files to any third party and not to use the Licensed Files other than for the purpose authorized by this
License Agreement. This confidentiality obligation shall continue after any termination of this License
Agreement.
4.
Indemnity.
Licensee agrees to indemnify, defend and hold Alcatel-Lucent harmless from any claim,
lawsuit, legal proceeding, settlement or judgment (including without limitation Alcatel-Lucent’s reason-
able United States and local attorneys’ and expert witnesses’ fees and costs) arising out of or in connec-
tion with the unauthorized copying, marketing, performance or distribution of the Licensed Files.
5.
Limited Warranty.
Alcatel-Lucent warrants, for Licensee’s benefit alone, that the program media
shall, for a period of ninety (90) days from the date of commencement of this License Agreement (referred
to as the Warranty Period), be free from defects in material and workmanship. Alcatel-Lucent further
warrants, for Licensee benefit alone, that during the Warranty Period the Licensed Files shall operate
substantially in accordance with the functional specifications in the User Guide. If during the Warranty
Period, a defect in the Licensed Files appears, Licensee may return the Licensed Files to Alcatel-Lucent
for either replacement or, if so elected by Alcatel-Lucent, refund of amounts paid by Licensee under this
License Agreement. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE LICENSED
MATERIALS ARE LICENSED “AS IS” AND ALCATEL-LUCENT AND ITS LICENSORS
DISCLAIM ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUD-
ING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO LICENSEE.
THIS WARRANTY GIVES THE LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MAY ALSO
HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
6.
Limitation of Liability.
Alcatel-Lucent’s cumulative liability to Licensee or any other party for any
loss or damages resulting from any claims, demands, or actions arising out of or relating to this License
Agreement shall not exceed the license fee paid to Alcatel-Lucent for the Licensed Materials. IN NO
EVENT SHALL ALCATEL-LUCENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSE-
QUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS, EVEN IF
ALCATEL-LUCENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDEN-
TAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION TO
INCIDENTAL OR CONSEQUENTIAL DAMAGES MAY NOT APPLY TO LICENSEE.
7.
Export Control.
This product is subject to the jurisdiction of the United States. Licensee may not
export or reexport the Licensed Files, without complying with all United States export laws and regula-
tions, including but not limited to (i) obtaining prior authorization from the U.S. Department of Commerce
if a validated export license is required, and (ii) obtaining “written assurances” from licensees, if required.
8.
Support and Maintenance.
Except as may be provided in a separate agreement between
Alcatel-Lucent and Licensee, if any, Alcatel-Lucent is under no obligation to maintain or support the
copies of the Licensed Files made and distributed hereunder and Alcatel-Lucent has no obligation to
furnish Licensee with any further assistance, documentation or information of any nature or kind.
9.
Term.
This License Agreement is effective upon Licensee opening this package and shall continue until
terminated. Licensee may terminate this License Agreement at any time by returning the Licensed Materi-
als and all copies thereof and extracts therefrom to Alcatel-Lucent and certifying to Alcatel-Lucent in
writing that all Licensed Materials and all copies thereof and extracts therefrom have been returned or
erased by the memory of Licensee’s computer or made non-readable. Alcatel-Lucent may terminate this
License Agreement upon the breach by Licensee of any term hereof. Upon such termination by
