Alcatel 5620 Troubleshooting Manual page 6

8. GENERAL
8.1 Under no circumstances shall either party be liable to the other for any failure to
8.2 This Agreement constitutes the entire agreement between Alcatel and Customer
8.3 If any provision of this Agreement is held to be invalid, illegal or unenforceable,
8.4 The Licensed Program may contain freeware or shareware obtained by Alcatel
8.5 Alcatel shall have the right, at its own expense and upon reasonable written
8.6 All notices shall be sent to the parties at the addresses listed above, or to any such
8.7 If the Licensed Program is being acquired by or on behalf of any unit or agency
8.8 Customer shall comply with all export regulations pertaining to the Licensed
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perform its obligations (other than the payment of any monies owing) where
such failure results from causes beyond that party's reasonable control.
and supersedes all prior oral and written communications. All amendments shall
be in writing and signed by authorized representatives of both parties.
it shall be severed and the remaining provisions shall continue in full force and
effect.
from a third party source. No license fee has been paid by Alcatel for the
inclusion of any such freeware or shareware, and no license fee is charged to
Customer for its use. The Customer agrees to be bound by any license agreement
for such freeware or shareware. CUSTOMER ACKNOWLEDGES AND
AGREES THAT THE THIRD PARTY SOURCE PROVIDES NO
WARRANTIES AND SHALL HAVE NO LIABILITY WHATSOEVER IN
RESPECT OF CUSTOMER'S POSSESSION AND/OR USE OF THE
FREEWARE OR SHAREWARE.
notice to Customer, to periodically inspect Customer's premises and such
documents as it may reasonably require, for the exclusive purpose of verifying
Customer's compliance with its obligations under this Agreement.
address as may be specified from time to time. Notices shall be deemed to have
been received five days after deposit with a post office when sent by registered
or certified mail, postage prepaid and receipt requested.
of the United States Government, the following provision shall apply: If the
Licensed Program is supplied to the Department of Defense, it shall be classified
as "Commercial Computer Software" and the United States Government is
acquiring only "restricted rights" in the Licensed Program as defined in DFARS
227-7202-1(a) and 227.7202-3(a), or equivalent. If the Licensed Program is
supplied to any other unit or agency of the United States Government, rights will
be defined in Clause 52.227-19 or 52.227-14 of the FAR, or if acquired by
NASA, Clause 18-52.227-86(d) of the NASA Supplement to the FAR, or
equivalent. If the software was acquired under a contract subject to the October
1988 Rights in Technical Data and Computer Software regulations, use,
duplication and disclosure by the Government is subject to the restrictions set
forth in DFARS 252-227.7013(c)(1)(ii) 1988, or equivalent.
Program in effect from time to time. Without limiting the generality of the
foregoing, Customer expressly warrants that it will not directly or indirectly
export, re-export, or transship the Licensed Program in violation of any export
laws, rules or regulations of Canada, the United States or the United Kingdom.