Alcatel-Lucent 5620 Troubleshooting Manual page 5

6.2 ALCATEL-LUCENT EXPRESSLY DISCLAIMS ALL OTHER
WARRANTIES, REPRESENTATIONS, COVENANTS OR CONDITIONS
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION, WARRANTIES OR REPRESENTATIONS OF
WORKMANSHIP, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, DURABILITY, OR THAT THE OPERATION
OF THE LICENSED PROGRAM WILL BE ERROR FREE OR THAT THE
LICENSED PROGRAMS WILL NOT INFRINGE UPON ANY THIRD
PARTY RIGHTS.
6.3 Alcatel-Lucent shall defend and indemnify Customer in any action to the
extent that it is based on a claim that the Licensed Program furnished by
Alcatel-Lucent infringes any patent, copyright, trade secret or other intellectual
property right, provided that Customer notifies Alcatel-Lucent within ten (10)
days of the existence of the claim, gives Alcatel-Lucent sole control of the
litigation or settlement of the claim, and provides all such assistance as
Alcatel-Lucent may reasonably require. Notwithstanding the foregoing,
Alcatel-Lucent shall have no liability if the claim results from any modification
or unauthorized use of the Licensed Program by Customer, and Customer shall
defend and indemnify Alcatel-Lucent against any such claim.
6.4 Alcatel-Lucent Products are intended for standard commercial uses. Without
the appropriate network design engineering, they must not be sold, licensed or
otherwise distributed for use in any hazardous environments requiring fail safe
performance, such as in the operation of nuclear facilities, aircraft navigation
or communication systems, air traffic control, direct life-support machines, or
weapons systems, in which the failure of products could lead directly to death,
personal injury, or severe physical or environmental damage. The Customer
hereby agrees that the use, sale, license or other distribution of the Products for
any such application without the prior written consent of Alcatel-Lucent, shall
be at the Customer's sole risk. The Customer also agrees to defend and hold
Alcatel-Lucent harmless from any claims for loss, cost, damage, expense or
liability that may arise out of or in connection with the use, sale, license or
other distribution of the Products in such applications.
7. LIMITATION OF LIABILITY
7.1 IN NO EVENT SHALL THE TOTAL COLLECTIVE LIABILITY OF
ALCATEL-LUCENT, ITS EMPLOYEES, DIRECTORS, OFFICERS OR
AGENTS FOR ANY CLAIM, REGARDLESS OF VALUE OR NATURE,
EXCEED THE AMOUNT PAID UNDER THIS AGREEMENT FOR THE
LICENSED PROGRAM THAT IS THE SUBJECT MATTER OF THE
CLAIM. IN NO EVENT SHALL THE TOTAL COLLECTIVE LIABILITY
OF ALCATEL-LUCENT, ITS EMPLOYEES, DIRECTORS, OFFICERS OR
AGENTS FOR ALL CLAIMS EXCEED THE TOTAL AMOUNT PAID BY
CUSTOMER TO ALCATEL-LUCENT HEREUNDER. NO PARTY SHALL
BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGES, WHETHER OR NOT SUCH DAMAGES ARE
FORESEEABLE, AND/OR THE PARTY HAD BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
7.2 The foregoing provision limiting the liability of Alcatel-Lucent's employees,
agents, officers and directors shall be deemed to be a trust provision, and shall
be enforceable by such employees, agents, officers and directors as trust
beneficiaries.
v