Alcatel-Lucent 5620 User Manual page 4

3.2 Alcatel-Lucent may terminate this Agreement: (a) upon notice to Customer if
3.3 Upon termination of this Agreement, Customer shall return or destroy all
4. CHARGES
4.1 Upon shipment of the Licensed Program, Alcatel-Lucent will invoice
5. SUPPORT AND UPGRADES
5.1 Customer shall receive software support and upgrades for the Licensed
6. WARRANTIES AND INDEMNIFICATION
6.1 Alcatel-Lucent warrants that the Licensed Program as originally delivered to
iv
any amount payable to Alcatel-Lucent is not paid within thirty (30) days of the
date on which payment is due; (b) if Customer becomes bankrupt, makes an
assignment for the benefit of its creditors, or if its assets vest or become subject
to the rights of any trustee, receiver or other administrator; (c) if bankruptcy,
reorganization or insolvency proceedings are instituted against Customer and
not dismissed within 15 days; or (d) if Customer breaches a material provision
of this Agreement and such breach is not rectified within 15 days of receipt of
notice of the breach from Alcatel-Lucent.
copies of the Licensed Program. All obligations of Customer arising prior to
termination, and those obligations relating to confidentiality and nonuse, shall
survive termination.
Customer for all fees, and any taxes, duties and other charges. Customer will
be invoiced for any license extensions upon delivery of the new software
application key or, if a new application key is not required, upon delivery of
the extension. All amounts shall be due and payable within thirty (30) days of
receipt of invoice, and interest will be charged on any overdue amounts at the
rate of 1 1/2% per month (19.6% per annum).
Program only to the extent provided for in the applicable Alcatel-Lucent
software support policy in effect from time to time, and upon payment of any
applicable fees. Unless expressly excluded, this Agreement shall be deemed to
apply to all updates, upgrades, revisions, enhancements and other software
which may be supplied by Alcatel-Lucent to Customer from time to time.
Customer will function substantially in accordance with the functional
description set out in the associated user documentation for a period of 90 days
from the date of shipment, when used in accordance with the user
documentation. Alcatel-Lucent's sole liability and Customer's sole remedy for
a breach of this warranty shall be Alcatel-Lucent's good faith efforts to rectify
the nonconformity or, if after repeated efforts Alcatel-Lucent is unable to
rectify the nonconformity, Alcatel-Lucent shall accept return of the Licensed
Program and shall refund to Customer all amounts paid in respect thereof. This
warranty is available only once in respect of each Licensed Program, and is not
renewed by the payment of an extension charge or upgrade fee.