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PASSPORT SOFTWARE LICENSE
THIS LICENSE AGREEMENT (“License”) BETWEEN CUSTOMER AND NORTEL NETWORKS
GOVERNS CUSTOMER’S USE OF PASSPORT SOFTWARE DELIVERED BY NORTEL NETWORKS
FOR USE WITH PASSPORT HARDWARE AS ORDERED BY CUSTOMER UNDER THE AGREEMENT
FOR PURCHASE AND LICENSE OF NORTEL NETWORKS PRODUCTS AND SERVICES (“Agreement”)
TO WHICH THIS ADDENDUM IS ATTACHED AND FORMS A PART.
Subject to the terms hereinafter set forth, Nortel Networks grants to Customer and/or its representatives, with a
“need to know,” a personal, non-exclusive license (1) to use the Software, proprietary to Nortel Networks or its
suppliers and (2) to use the associated documentation. Customer is granted no title or ownership rights, in or to the
Software, in whole or in part, and Customer acknowledges that title to and all copyrights, patents, trade secrets and/
or any other intellectual property rights to and in all such Software and associated documentation are and shall
remain the property of Nortel Networks and/or Nortel Networks’ suppliers. The right to use Software is restricted to
the Nortel Networks Passport Hardware with which the Software is delivered and may be restricted by a measure of
usage of applications based upon number of lines, number of ports, number of terminal numbers assigned, number
of users, or some similar measure. Expansion beyond the specified usage level may require payment of an
incremental charge or another license fee.
Nortel Networks considers the Software to contain “trade secrets” of Nortel Networks and/or its suppliers. Such
“trade secrets” include, without limitation thereto, the specific design, structure and logic of individual Software
programs, their interactions with other portions of Software, both internal and external, and the programming
techniques employed therein. In order to maintain the “trade secret” status of the information contained within the
Software, the Software is being delivered to Customer in object code form only.
Nortel Networks or any of its suppliers holding any intellectual property rights in any Software, and/or any third
party owning any intellectual property rights in software from which the Software was derived, are intended third
party beneficiaries of this License. All grants of rights to use intellectual property intended to be accomplished by
this License are explicitly stated. No other grants of such rights shall be inferred or shall arise by implication.
Customer warrants to Nortel Networks that Customer is not purchasing the rights granted by this License in
anticipation of reselling those rights.
Customer shall:
• Hold the Software in confidence for the benefit of Nortel Networks and/or Nortel Networks’ suppliers using no
less a degree of care than it uses to protect its own most confidential and valuable information; and
• Keep a current record of the location of each copy of Software made by it; and
• Install and use each copy of Software only on a single CPU at a time (for this purpose, single CPU shall include
systems with redundant processing units); and
• Affix to each copy of Software made by it, in the same form and location, a reproduction of the copyright
notices, trademarks, and all other proprietary legends and/or logos of Nortel Networks and/or Nortel Networks’
suppliers, appearing on the original copy of such Software delivered to Customer; and retain the same without
alteration on all original copies; and
• Issue instructions to each of its authorized employees, agents, and/or representatives to whom Software is
disclosed, advising them of the confidential nature of such Software and to provide them with a summary of the
requirements of this License; and
• Return the Software and all copies through an Authorized Distributor to Nortel Networks at such time as
Customer chooses to permanently cease using it.
• Customer shall not:
• Use Software (i) for any purpose other than Customer’s own internal business purposes and (ii) other than as
provided by this License; or
• Allow anyone other than Customer’s employees, agents and/or representatives with a “need to know” to have
physical access to Software; or