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B-STDX, CBX, and GX Network Management Station Installation Guide
Beta Draft Confidential
3. License Fees.
The license fees paid by you are paid in consideration of the license
granted under this License Agreement.
4. Term.
This License Agreement is effective upon your opening of the package(s) or
use of the switch(es) containing Software and shall continue until terminated. You
may terminate this License Agreement at any time by returning the Program and all
copies or portions thereof to Lucent. Lucent may terminate this License Agreement
upon the breach by you of any term hereof. Upon such termination by Lucent, you
agree to return to Lucent the Program and all copies or portions thereof. Termination
of this License Agreement shall not prejudice Lucent's rights to damages or any other
available remedy.
5. Limited Warranty.
Lucent warrants, for your benefit alone, for a period of 90
days from the date of shipment of the Program by Lucent (the “Warranty Period”) that
the program diskettes in which the Software is contained are free from defects in
material and workmanship. Lucent further warrants, for your benefit alone, that during
the Warranty Period the Program shall operate substantially in accordance with the
User Documentation. If during the Warranty Period, a defect in the Program appears,
you may return the Program to the party from which the Program was acquired for
either replacement or, if so elected by such party, refund of amounts paid by you under
this License Agreement. You agree that the foregoing constitutes your sole and
exclusive remedy for breach by Lucent of any warranties made under this Agreement.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE PROGRAM IS LICENSED
“AS IS”, AND LUCENT DISCLAIMS ANY AND ALL OTHER WARRANTIES,
WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE AND ANY WARRANTIES OF NONINFRINGEMENT.
6. Limitation of Liability.
Lucent’s cumulative liability to you 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 greater of: (i) ten thousand
US dollars ($10,000) or (ii) the total license fee paid to Lucent for the use of the
Program. In no event shall Lucent be liable for any indirect, incidental, consequential,
special, punitive or exemplary damages or lost profits, even if Lucent has been
advised of the possibility of such damages.
