Nortel Passport 8000 Series Installing And Maintaining page 7

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.
3. Limitation of Remedies. IN NO EVENT SHALL NORTEL NETWORKS OR ITS AGENTS OR SUPPLIERS
BE LIABLE FOR 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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