Nortel BayStack 660 Use Manual page 5

and its licensors' confidential and proprietary intellectual property. Licensee shall not sublicense, assign, or otherwise
disclose to any third party the Software, or any information about the operation, design, performance, or
implementation of the Software and user manuals that is confidential to Nortel Networks and its licensors; however,
Licensee may grant permission to its consultants, subcontractors, and agents to use the Software at Licensee's facility,
provided they have agreed to use the Software only in accordance with the terms of this license.
3. Limited warranty. Nortel Networks warrants each item of Software, as delivered by Nortel Networks and properly
installed and operated on Nortel Networks hardware or other equipment it is originally licensed for, to function
substantially as described in its accompanying user manual during its warranty period, which begins on the date
Software is first shipped to Licensee. If any item of Software fails to so function during its warranty period, as the sole
remedy Nortel Networks will at its discretion provide a suitable fix, patch, or workaround for the problem that may be
included in a future Software release. Nortel Networks further warrants to Licensee that the media on which the
Software is provided will be free from defects in materials and workmanship under normal use for a period of 90 days
from the date Software is first shipped to Licensee. Nortel Networks will replace defective media at no charge if it is
returned to Nortel 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. Nortel 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. Nortel 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 Nortel 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 NORTEL 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 NORTEL NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL THE LIABILITY OF NORTEL NETWORKS RELATING TO THE SOFTWARE OR THIS AGREEMENT
EXCEED THE PRICE PAID TO NORTEL 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.
6. Use of Software in the European Community. This provision applies to all Software acquired for use within the
European Community. If Licensee uses the Software within a country in the European Community, the Software
Directive enacted by the Council of European Communities Directive dated 14 May, 1991, will apply to the
examination of the Software to facilitate interoperability. Licensee agrees to notify Nortel Networks of any such
intended examination of the Software and may procure support and assistance from Nortel Networks.
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