Alcatel-Lucent 5620 Manual page 6

8. GENERAL
8.1 Under no circumstances shall either party be liable to the other for any failure
8.2 This Agreement constitutes the entire agreement between Alcatel-Lucent and
8.3 If any provision of this Agreement is held to be invalid, illegal or
8.4 The Licensed Program may contain freeware or shareware obtained by
8.5 Alcatel-Lucent shall have the right, at its own expense and upon reasonable
8.6 All notices shall be sent to the parties at the addresses listed above, or to any
8.7 If the Licensed Program is being acquired by or on behalf of any unit or agency
8.8 Customer shall comply with all export regulations pertaining to the Licensed
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to perform its obligations (other than the payment of any monies owing) where
such failure results from causes beyond that party's reasonable control.
Customer and supersedes all prior oral and written communications. All
amendments shall be in writing and signed by authorized representatives of
both parties.
unenforceable, it shall be severed and the remaining provisions shall continue
in full force and effect.
Alcatel-Lucent from a third party source. No license fee has been paid by
Alcatel-Lucent for the inclusion of any such freeware or shareware, and no
license fee is charged to Customer for its use. The Customer agrees to be
bound by any license agreement for such freeware or shareware. CUSTOMER
ACKNOWLEDGES AND AGREES THAT THE THIRD PARTY SOURCE
PROVIDES NO WARRANTIES AND SHALL HAVE NO LIABILITY
WHATSOEVER IN RESPECT OF CUSTOMER'S POSSESSION AND/OR
USE OF THE FREEWARE OR SHAREWARE.
written notice to Customer, to periodically inspect Customer's premises and
such documents as it may reasonably require, for the exclusive purpose of
verifying Customer's compliance with its obligations under this Agreement.
such address as may be specified from time to time. Notices shall be deemed
to have been received five days after deposit with a post office when sent by
registered or certified mail, postage prepaid and receipt requested.
of the United States Government, the following provision shall apply: If the
Licensed Program is supplied to the Department of Defense, it shall be
classified as "Commercial Computer Software" and the United States
Government is acquiring only "restricted rights" in the Licensed Program as
defined in DFARS 227-7202-1(a) and 227.7202-3(a), or equivalent. If the
Licensed Program is supplied to any other unit or agency of the United States
Government, rights will be defined in Clause 52.227-19 or 52.227-14 of the
FAR, or if acquired by NASA, Clause 18-52.227-86(d) of the NASA
Supplement to the FAR, or equivalent. If the software was acquired under a
contract subject to the October 1988 Rights in Technical Data and Computer
Software regulations, use, duplication and disclosure by the Government is
subject to the restrictions set forth in DFARS 252-227.7013(c)(1)(ii) 1988, or
equivalent.
Program in effect from time to time. Without limiting the generality of the
foregoing, Customer expressly warrants that it will not directly or indirectly
export, reexport, or transship the Licensed Program in violation of any export
laws, rules or regulations of Canada, the United States or the United Kingdom.