Alcatel 5620 Troubleshooting Manual page 4

3.2 Alcatel may terminate this Agreement: (a) upon notice to Customer if any
3.3 Upon termination of this Agreement, Customer shall return or destroy all copies
4. CHARGES
4.1 Upon shipment of the Licensed Program, Alcatel will invoice Customer for all
5. SUPPORT AND UPGRADES
5.1 Customer shall receive software support and upgrades for the Licensed Program
6. WARRANTIES AND INDEMNIFICATION
6.1 Alcatel warrants that the Licensed Program as originally delivered to Customer
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amount payable to Alcatel 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.
of the Licensed Program. All obligations of Customer arising prior to
termination, and those obligations relating to confidentiality and non-use, shall
survive termination.
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).
only to the extent provided for in the applicable Alcatel 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 to Customer from time to time.
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's sole
liability and Customer's sole remedy for a breach of this warranty shall be
Alcatel's good faith efforts to rectify the nonconformity or, if after repeated
efforts Alcatel is unable to rectify the non-conformity, Alcatel 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.