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14 Software license
2. Warranty. Except as may be otherwise expressly agreed to in writing
3. Limitation of Remedies. IN NO EVENT SHALL NORTEL NETWORKS
4. General
Copyright © 2008, Nortel Networks
.
as expressly authorized; b) reverse assemble, reverse compile, reverse
engineer or otherwise translate the Software; c) create derivative works
or modifications unless expressly authorized; or d) sublicense, rent or
lease the Software. Licensors of intellectual property to Nortel Networks
are beneficiaries of this provision. Upon termination or breach of the
license by Customer or in the event designated hardware or CFE is
no longer in use, Customer will promptly return the Software to Nortel
Networks or certify its destruction. Nortel Networks may audit by remote
polling or other reasonable means to determine Customer's Software
activation or usage levels. If suppliers of third party software included in
Software require Nortel Networks to include additional or different terms,
Customer agrees to abide by such terms provided by Nortel Networks
with respect to such third party software.
between Nortel Networks and Customer, Software is provided "AS IS"
without any warranties (conditions) of any kind. NORTEL NETWORKS
DISCLAIMS ALL WARRANTIES (CONDITIONS) FOR THE
SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY
OF NON-INFRINGEMENT. Nortel Networks is not obligated to 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.
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
foregoing 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.
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
Nortel Secure Network Access
Installation — Quick Start Switch 4070
NN47230-303 01.01 Standard
2.0 28 July 2008
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