Alcatel 5620 Troubleshooting Manual page 5

6.2 ALCATEL EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES,
REPRESENTATIONS, COVENANTS OR CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, WARRANTIES OR REPRESENTATIONS OF
WORKMANSHIP, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, DURABILITY, OR THAT THE OPERATION OF THE
LICENSED PROGRAM WILL BE ERROR FREE OR THAT THE
LICENSED PROGRAMS WILL NOT INFRINGE UPON ANY THIRD
PARTY RIGHTS.
6.3 Alcatel shall defend and indemnify Customer in any action to the extent that it is
based on a claim that the Licensed Program furnished by Alcatel infringes any
patent, copyright, trade secret or other intellectual property right, provided that
Customer notifies Alcatel within ten (10) days of the existence of the claim,
gives Alcatel sole control of the litigation or settlement of the claim, and
provides all such assistance as Alcatel may reasonably require. Notwithstanding
the foregoing, Alcatel shall have no liability if the claim results from any
modification or unauthorized use of the Licensed Program by Customer, and
Customer shall defend and indemnify Alcatel against any such claim.
6.4 Alcatel Products are intended for standard commercial uses. Without the
appropriate network design engineering, they must not be sold, licensed or
otherwise distributed for use in any hazardous environments requiring fail safe
performance, such as in the operation of nuclear facilities, aircraft navigation or
communication systems, air traffic control, direct life support machines, or
weapons systems, in which the failure of products could lead directly to death,
personal injury, or severe physical or environmental damage. The Customer
hereby agrees that the use, sale, licence or other distribution of the Products for
any such application without the prior written consent of Alcatel, shall be at the
Customer's sole risk. The Customer also agrees to defend and hold Alcatel
harmless from any claims for loss, cost, damage, expense or liability that may
arise out of or in connection with the use, sale, licence or other distribution of the
Products in such applications.
7. LIMITATION OF LIABILITY
7.1 IN NO EVENT SHALL THE TOTAL COLLECTIVE LIABILITY OF
ALCATEL, ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS FOR
ANY CLAIM, REGARDLESS OF VALUE OR NATURE, EXCEED THE
AMOUNT PAID UNDER THIS AGREEMENT FOR THE LICENSED
PROGRAM THAT IS THE SUBJECT MATTER OF THE CLAIM. IN NO
EVENT SHALL THE TOTAL COLLECTIVE LIABILITY OF ALCATEL,
ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS FOR ALL
CLAIMS EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO
ALCATEL HEREUNDER. NO PARTY SHALL BE LIABLE FOR ANY
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER OR
NOT SUCH DAMAGES ARE FORESEEABLE, AND/OR THE PARTY HAD
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2 The foregoing provision limiting the liability of Alcatel's employees, agents,
officers and directors shall be deemed to be a trust provision, and shall be
enforceable by such employees, agents, officers and directors as trust
beneficiaries.
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