Nortel 7220 Hardware Installation Manual page 4

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Nortel Networks Confidential Copyright 2004 Nortel Networks
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Nortel Networks Inc. software license agreement
This Software License Agreement ("License Agreement") is between you, the end-user ("Customer") and Nortel Networks
Corporation and its subsidiaries and affiliates ("Nortel Networks"). PLEASE READ THE FOLLOWING CAREFULLY. YOU MUST
ACCEPT THESE LICENSE TERMS IN ORDER TO DOWNLOAD AND/OR USE THE SOFTWARE. USE OF THE SOFTWARE
CONSTITUTES YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT. If you do not accept these terms and conditions, return
the Software, unused and in the original shipping container, within 30 days of purchase to obtain a credit for the full purchase price.
"Software" is owned or licensed by Nortel Networks, its parent or one of its subsidiaries or affiliates, and is copyrighted and licensed,
not sold. Software consists of machine-readable instructions, its components, data, audio-visual content (such as images, text,
recordings or pictures) and related licensed materials including all whole or partial copies. Nortel Networks grants you a license to
use the Software only in the country where you acquired the Software. You obtain no rights other than those granted to you under
this License Agreement. You are responsible for the selection of the Software and for the installation of, use of, and results obtained
from the Software.
1. Licensed Use of Software. Nortel Networks grants Customer a nonexclusive license to use a copy of the Software on only one
machine at any one time or to the extent of the activation or authorized usage level, whichever is applicable. To the extent Software
is furnished for use with designated hardware or Customer furnished equipment ("CFE"), Customer is granted a nonexclusive
license to use Software only on such hardware or CFE, as applicable. Software contains trade secrets and Customer agrees to
treat Software as confidential information using the same care and discretion Customer uses with its own similar information that
it does not wish to disclose, publish or disseminate. Customer will ensure that anyone who uses the Software does so only in
compliance with the terms of this Agreement. Customer shall not a) use, copy, modify, transfer or distribute the Software except as
expressly authorized; b) reverse assemble, reverse compile, reverse engineer or otherwise translate the Software; c) create
derivative works or modifications unless expressly authorized; or d) sublicense, rent or lease the Software. Licensors of intellectual
property to Nortel Networks are beneficiaries of this provision. Upon termination or breach of the license by Customer or in the
event designated hardware or CFE is no longer in use, Customer will promptly return the Software to Nortel Networks or certify its
destruction. Nortel Networks may audit by remote polling or other reasonable means to determine Customer's Software activation
or usage levels. If suppliers of third party software included in Software require Nortel Networks to include additional or different
terms, Customer agrees to abide by such terms provided by Nortel Networks with respect to such third party software.
2. Warranty. Except as may be otherwise expressly agreed to in writing between Nortel Networks and Customer, Software is
provided "AS IS" without any warranties (conditions) of any kind. NORTEL NETWORKS DISCLAIMS ALL WARRANTIES
(CONDITIONS) FOR THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
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INFRINGEMENT. Nortel Networks is not obligated to provide support of any kind for the Software. Some jurisdictions do not allow
exclusion of implied warranties, and, in such event, the above exclusions may not apply.
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ANY OF THE FOLLOWING: a) DAMAGES BASED ON ANY THIRD PARTY CLAIM; b) LOSS OF, OR DAMAGE TO,
CUSTOMER'S RECORDS, FILES OR DATA; OR c) DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS), WHETHER IN CONTRACT, TORT OR
OTHERWISE (INCLUDING NEGLIGENCE) ARISING OUT OF YOUR USE OF THE SOFTWARE, EVEN IF NORTEL
NETWORKS, ITS AGENTS OR SUPPLIERS HAVE BEEN ADVISED OF THEIR POSSIBILITY. The forgoing limitations of
remedies also apply to any developer and/or supplier of the Software. Such developer and/or supplier is an intended beneficiary of
this Section. Some jurisdictions do not allow these limitations or exclusions and, in such event, they may not apply.
4. General
a. If Customer is the United States Government, the following paragraph shall apply: All Nortel Networks Software available under
this License Agreement is commercial computer software and commercial computer software documentation and, in the event
Software is licensed for or on behalf of the United States Government, the respective rights to the software and software
documentation are governed by Nortel Networks standard commercial license in accordance with U.S. Federal Regulations at 48
C.F.R. Sections 12.212 (for non-DoD entities) and 48 C.F.R. 227.7202 (for DoD entities).
b. Customer may terminate the license at any time. Nortel Networks may terminate the license if Customer fails to comply with the
terms and conditions of this license. In either event, upon termination, Customer must either return the Software to Nortel Networks
or certify its destruction.
c. Customer is responsible for payment of any taxes, including personal property taxes, resulting from Customer's use of the
Software. Customer agrees to comply with all applicable laws including all applicable export and import laws and regulations.
d. Neither party may bring an action, regardless of form, more than two years after the cause of the action arose.
e. The terms and conditions of this License Agreement form the complete and exclusive agreement between
Customer and Nortel Networks.
f. This License Agreement is governed by the laws of the country in which Customer acquires the Software. If the Software is
acquired in the United States, then this License Agreement is governed by the laws of the state of New York.
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