Bay Networks Nautica 250 Installation Manual page 9

days from the date Software is first shipped to Licensee. Bay Networks will replace
defective media at no charge if it is returned to Bay Networks during the warranty period
along with proof of the date of shipment. This warranty does not apply if the media has
been damaged as a result of accident, misuse, or abuse. The Licensee assumes all
responsibility for selection of the Software to achieve Licensee's intended results and for
the installation, use, and results obtained from the Software. Bay Networks does not
warrant a) that the functions contained in the software will meet the Licensee's
requirements, b) that the Software will operate in the hardware or software combinations
that the Licensee may select, c) that the operation of the Software will be uninterrupted or
error free, or d) that all defects in the operation of the Software will be corrected. Bay
Networks is not obligated to remedy any Software defect that cannot be reproduced with
the latest Software release. These warranties do not apply to the Software if it has been (i)
altered, except by Bay Networks or in accordance with its instructions; (ii) used in
conjunction with another vendor's product, resulting in the defect; or (iii) damaged by
improper environment, abuse, misuse, accident, or negligence. THE FOREGOING
WARRANTIES AND LIMITATIONS ARE EXCLUSIVE REMEDIES AND ARE IN
LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. Licensee is responsible for the security of its own data
and information and for maintaining adequate procedures apart from the Software to
reconstruct lost or altered files, data, or programs.
4. Limitation of liability. IN NO EVENT WILL BAY NETWORKS OR ITS
LICENSORS BE LIABLE FOR ANY COST OF SUBSTITUTE PROCUREMENT;
SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; OR ANY
DAMAGES RESULTING FROM INACCURATE OR LOST DATA OR LOSS OF USE
OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE
OF THE SOFTWARE, EVEN IF BAY NETWORKS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF
BAY NETWORKS RELATING TO THE SOFTWARE OR THIS AGREEMENT
EXCEED THE PRICE PAID TO BAY NETWORKS FOR THE SOFTWARE LICENSE.
5. Government Licensees. This provision applies to all Software and documentation
acquired directly or indirectly by or on behalf of the United States Government. The
Software and documentation are commercial products, licensed on the open market at
market prices, and were developed entirely at private expense and without the use of any
U.S. Government funds. The license to the U.S. Government is granted only with restricted
rights, and use, duplication, or disclosure by the U.S. Government is subject to the
restrictions set forth in subparagraph (c)(1) of the Commercial Computer Software––
Restricted Rights clause of FAR 52.227-19 and the limitations set out in this license for
civilian agencies, and subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause of DFARS 252.227-7013, for agencies of the Department of
Defense or their successors, whichever is applicable.
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