Lucent Technologies OptiStar EdgeSwitch, Руководство пользователя

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Appendices
365-575-925R1.5
Lucent Technologies
A P - 3 1
Issue 1, April 2002
B. Lucent does not warrant that the SOFTWARE will meet your requirements or that SOFTWARE
operation will be error-free or uninterrupted. Lucent has used reasonable efforts to minimize errors in
the SOFTWARE. HOWEVER, YOU ASSUME THE RISK OF ALL LOSS FROM USE OR
INABILITY TO USE THE SOFTWARE. Lucent is not obligated to communicate known errors in the
SOFTWARE to you. This warranty does not entitle you to support of the SOFTWARE.
C. YOU UNDERSTAND THAT, EXCEPT FOR THIS 90 DAY LIMITED WARRANTY, LUCENT,
ITS AFFILIATES, CONTRACTORS, SUPPLIERS AND AGENTS MAKE NO WARRANTIES,
EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST
INFRINGEMENT OF ANY PROPRIETARY RIGHTS OF A THIRD PARTY.
Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an
implied warranty lasts, so the above limitations may not apply to you. This warranty gives you
specific legal rights and you may also have other rights which vary from one state or jurisdiction to
another.
4. EXCLUSIVE REMEDIES, LIMITATIONS OF LIABILITIES, CHOICE OF LAW
A. YOU AGREE THAT YOUR SOLE REMEDY AGAINST LUCENT, ITS AFFILIATES,
CONTRACTORS, SUPPLIERS, AND AGENTS FOR LOSS OR DAMAGE CAUSED BY ANY
DEFECT OR FAILURE IN THE SOFTWARE REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, SHALL BE (AT LUCENT'S OPTION) THE RETURN OF THE SOFTWARE
PURCHASE PRICE OR THE REPLACEMENT OF LUCENT FURNISHED SOFTWARE,
PROVIDED SUCH SOFTWARE IS RETURNED TO LUCENT WITH A COPY OF YOUR SALES
RECEIPT WITHIN NINETY (90) DAYS OF DELIVERY TO YOU. THIS SHALL BE EXCLUSIVE
OF ALL OTHER REMEDIES AGAINST LUCENT, ITS AFFILIATES, CONTRACTORS,
SUPPLIERS OR AGENTS.
B. REGARDLESS OF ANY OTHER PROVISIONS OF THIS AGREEMENT, NEITHER LUCENT
NOR ITS AFFILIATES, CONTRACTORS, SUPPLIERS OR AGENTS SHALL BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING
LOST PROFITS, REVENUES OR SAVINGS) SUSTAINED OR INCURRED, OR FOR ANY
RELIEF OR FOR ANY CLAIM BY ANY THIRD PARTY, IN CONNECTION WITH THE USE,
OPERATION, OR INABILITY TO USE THE SOFTWARE OR FOR DAMAGES DUE TO CAUSES
BEYOND THE REASONABLE CONTROL OF LUCENT, ITS AFFILIATES, CONTRACTORS,
SUPPLIERS AND AGENTS ATTRIBUTABLE TO ANY SERVICE, PRODUCTS OR ACTION OF
ANY OTHER PERSON. IN NO EVENT WILL LUCENT, ITS AFFILIATES, CONTRACTORS,
SUPPLIERS OR AGENTS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE SOFTWARE
PURCHASE PRICE.
C. This Agreement shall be construed in accordance with and governed by the laws of the State of New
York, excluding its choice of law rules. If any provision of this Agreement is held by a court of
competent jurisdiction to be unenforceable, the remaining provisions or portions thereof shall remain in
effect.
5. US GOVERNMENT RESTRICTED RIGHTS
RESTRICTED RIGHTS LEGEND. Use, duplication, or disclosure by the Government is subject to
restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial
Computer Software-Restricted Rights clause at 48 CFR 52.227-19, as applicable, Lucent Technologies
Inc., 600 Mountain Ave., Murray Hill, NJ 07972.
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