Nortel Passport 4400 Using Manual page 5

• Make any copies of Software except such limited number of object code copies in machine readable form only,
as may be reasonably necessary for execution or archival purposes only; or
• Make any modifications, enhancements, adaptations, or translations to or of Software, except as may result
from those Customer interactions with the Software associated with normal use and explained in the associated
documentation; or
• Attempt to reverse engineer, disassemble, reverse translate, decompile, or in any other manner decode
Software, in order to derive the source code form or for any other reason; or
• Make full or partial copies of any documentation or other similar printed or machine-readable matter provided
with Software unless the same has been supplied in a form by Nortel Networks intended for periodic
reproduction of partial copies; or
• Export or re-export Software and/or associated documentation from the fifty states of the United States and the
District of Columbia.
• Notwithstanding the above restrictions, if Customer has licensed the Software under a "site license" option as
set forth in the applicable Service Order, Customer is authorized to make a limited number of copies of the
Software and documentation to support additional users as specified in Customer's purchase agreement.
Customer may assign collectively its rights under this License to any subsequent owner of the associated hardware,
but not otherwise, subject to the payment of the then current license fee for new users, if any. No such assignment
shall be valid until Customer (1) has delegated all of its obligations under this License to the assignee; and (2) has
obtained from the assignee an unconditional written assumption of all such obligations; and (3) has provided Nortel
Networks a copy of such assignment, delegation and assumption; and (4) has transferred physical possession of all
Software and all associated documentation to the assignee and destroyed all archival copies. Except as provided,
neither this License nor any rights acquired by Customer through this License are assignable. Any attempted
assignment of rights and/or transfer of Software not specifically allowed shall be void and conclusively presumed a
material breach of this License.
If Nortel Networks (i) claims a material breach of this License, and (ii) provides written notice of such claimed
material breach to Customer and (iii) observes that such claimed material breach remains uncorrected and/or
unmitigated more than thirty (30) days following Customer's receipt of written notice specifying in reasonable
detail the nature of the claimed material breach, then Customer acknowledges that this License may be immediately
terminated by Nortel Networks and Customer further acknowledges that any such termination shall be without
prejudice to any other rights and remedies that Nortel Networks may have at law or in equity.
THE EXPRESS LIMITED WARRANTIES FOR THE SOFTWARE ARE SOLELY THOSE LIMITED
WARRANTIES GRANTED TO CUSTOMER BY NORTEL NETWORKS IN THE MAIN BODY OF THE
AGREEMENT TO WHICH THIS LICENSE IS ATTACHED. THIS LICENSE DOES NOT CONFER ANY
WARRANTY TO CUSTOMER FROM OR BY NORTEL NETWORKS.
IN NO EVENT WILL NORTEL NETWORKS AND/OR NORTEL NETWORKS' SUPPLIERS AND THEIR
DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO OR THROUGH CUSTOMER FOR
INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF
ANY KIND, INCLUDING LOST PROFITS, LOSS OF BUSINESS OR BUSINESS INFORMATION,
BUSINESS INTERRUPTION, OR OTHER ECONOMIC DAMAGE, AND FURTHER INCLUDING INJURY
TO PROPERTY, AS A RESULT OF USE OR INABILITY TO USE THE SOFTWARE OR BREACH OF ANY
WARRANTY OR OTHER TERM OF THIS LICENSE, REGARDLESS OF WHETHER NORTEL NETWORKS
AND/OR NORTEL NETWORKS' SUPPLIERS WERE ADVISED, HAD OTHER REASON TO KNOW, OR IN
FACT KNEW OF THE POSSIBILITY THEREOF.
THE RIGHTS AND OBLIGATIONS ARISING UNDER THIS LICENSE SHALL BE CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA EXCEPT FOR ITS RULES
CONCERNING THE CONFLICT OF LAWS.
Using Passport 4400 Install Tool Version 4.2
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