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Nortel Inc. software license agreement
216394-B Rev 00
PRODUCT WILL BE CORRECTED. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLU-
SION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO END
CUSTOMER. THIS LIMITED WARRANTY GIVES END CUSTOMER SPECIFIC LEGAL RIGHTS. END
CUSTOMER MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO
STATE/JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Nortel
Networks OR ITS SUPPLIERS BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, LOSS OF PROFITS, OR FOR ANY SPECIAL, CONSEQUENTIAL, INCI-
DENTAL, PUNITIVE OR INDIRECT DAMAGES (OR DIRECT DAMAGES IN THE CASE OF Nortel
Networks’S SUPPLIERS) ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT
(INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE
ARISING OUT OF OR RELATED TO THE PRODUCT OR ANY USE OR INABILITY TO USE THE
PRODUCT. Nortel Networks’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE
PRODUCT, OR USE OR INABILITY TO USE THE PRODUCT, WHETHER IN CONTRACT, TORT
(INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE,
SHALL NOT EXCEED THE PRICE PAID FOR THE PRODUCT. THE LIMITATIONS SET FORTH IN
THIS SECTION SHALL APPLY EVEN IF Nortel Networks AND/OR ITS SUPPLIERS ARE ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY. Nortel Networks NEITHER ASSUMES NOR AUTHORIZES
ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE
SALE, INSTALLATION, MAINTENANCE OR USE OF ITS PRODUCTS.
Software License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE SOFTWARE AND AS-
SOCIATED DOCUMENTATION THAT IS PROVIDED WITH THIS AGREEMENT (“SOFTWARE,” “DOCUMENTATION,” AND COL-
LECTIVELY, “LICENSED MATERIALS”).
BY USING ANY LICENSED MATERIALS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT AND YOU WILL BE CONSENTING TO BE BOUND BY THEM. IF YOU DO NOT ACCEPT
THESE TERMS AND CONDITIONS, DO NOT USE THE LICENSED MATERIALS AND RETURN THE LICENSED MATERIALS AND
ANY EQUIPMENT PROVIDED BY Nortel IN CONNECTION THEREWITH (“EQUIPMENT”) UNUSED IN THE ORIGINAL SHIPPING
CONTAINER TO THE PLACE OF PURCHASE FOR A FULL REFUND.
Software may be provided by Nortel on a standalone basis (“Standalone Software”) or it may be provided embedded in
Equipment (“Embedded Software”).
1.
License.
(a)
Subject to the terms and conditions of this Agreement, Nortel (“Nortel ”), grants to you (“Licensee”) a limited,
non-exclusive, non-transferable license, without the right to sublicense: (i) to install and use the Standalone Software, in
object code format only, on computer hardware for which all corresponding license fees have been paid; (ii) use one (1)
copy of the Embedded Software, in object code format only, solely as embedded in Equipment, each solely in accordance
with the Documentation for Licensee’s internal business purposes.
(b)
The license set forth above does not include any rights to and Licensee shall not (i) reproduce (except as set
forth in Section 1(c)), modify, translate or create any derivative work of all or any portion of the Licensed Materials or Equip-
ment, (ii) sell, rent, lease, loan, provide, distribute or otherwise transfer all or any portion of the Licensed Materials (except
as set forth in Section 1(f)), (iii) reverse engineer, reverse assemble or otherwise attempt to gain access to the source code
of all or any portion of the Licensed Materials or Equipment, (iv) use the Licensed Materials for third-party training, com-
mercial time-sharing or service bureau use, (v) remove, alter, cover or obfuscate any copyright notices, trademark notices
or other proprietary rights notices placed or embedded on or in the Licensed Materials or Equipment, (vi) use any component
of the Software or Equipment other than solely in conjunction with operation of the Software and as applicable, Equipment,
(vii) unbundle any component of the Software or Equipment, (viii) use any component of the Software for the development
of or in conjunction with any software application intended for resale that employs any such component, (ix) use the Li-
censed Materials or Equipment in life support systems, human implantation, nuclear facilities or systems or any other ap-
plication where failure could lead to a loss of life or catastrophic property damage, or (x) cause or permit any third party to
do any of the foregoing.
If Licensee is a European Union resident, Licensee acknowledges that information necessary to achieve interoperability of
the Software with other programs is available upon request.
