Alcatel-Lucent OmniSwitch 9900 Series Network Configuration Manual page 1066

Software License and Copyright Statements
3. Confidentiality. ALE USA, Inc. considers the Licensed Files to contain valuable trade secrets of ALE
USA, Inc., the unauthorized disclosure of which could cause irreparable harm to ALE USA, Inc. Except as
expressly set forth herein, Licensee agrees to use reasonable efforts not to disclose the Licensed Files to
any third party and not to use the Licensed Files other than for the purpose authorized by this License
Agreement. This confidentiality obligation shall continue after any termination of this License Agreement.
4. Indemnity. Licensee agrees to indemnify, defend and hold ALE USA, Inc. harmless from any claim,
lawsuit, legal proceeding, settlement or judgment (including without limitation ALE USA, Inc.'s
reasonable United States and local attorneys' and expert witnesses' fees and costs) arising out of or in
connection with the unauthorized copying, marketing, performance or distribution of the Licensed Files.
5. Limited Warranty. ALE USA, Inc. warrants, for Licensee's benefit alone, that the program media
shall, for a period of ninety (90) days from the date of commencement of this License Agreement (referred
to as the Warranty Period), be free from defects in material and workmanship. ALE USA, Inc. further
warrants, for Licensee benefit alone, that during the Warranty Period the Licensed Files shall operate
substantially in accordance with the functional specifications in the User Guide. If during the Warranty
Period, a defect in the Licensed Files appears, Licensee may return the Licensed Files to ALE USA, Inc.
for either replacement or, if so elected by ALE USA, Inc., refund of amounts paid by Licensee under this
License Agreement. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE LICENSED
MATERIALS ARE LICENSED "AS IS" AND ALE USA, INC. AND ITS LICENSORS DISCLAIM
ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING
(WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO LICENSEE. THIS
WARRANTY GIVES THE LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MAY ALSO HAVE
OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
6. Limitation of Liability. ALE USA, Inc.'s cumulative liability to Licensee or any other party for any
loss or damages resulting from any claims, demands, or actions arising out of or relating to this License
Agreement shall not exceed the license fee paid to ALE USA, Inc. for the Licensed Materials. IN NO
EVENT SHALL ALE USA, INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS, EVEN IF ALE
USA, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION TO INCIDENTAL
OR CONSEQUENTIAL DAMAGES MAY NOT APPLY TO LICENSEE.
7. Export Control. This product is subject to the jurisdiction of the United States. Licensee may not
export or reexport the Licensed Files, without complying with all United States export laws and
regulations, including but not limited to (i) obtaining prior authorization from the U.S. Department of
Commerce if a validated export license is required, and (ii) obtaining "written assurances" from licensees,
if required.
8. Support and Maintenance. Except as may be provided in a separate agreement between ALE USA,
Inc. and Licensee, if any, ALE USA, Inc. is under no obligation to maintain or support the copies of the
Licensed Files made and distributed hereunder and ALE USA, Inc. has no obligation to furnish Licensee
with any further assistance, documentation or information of any nature or kind.
9. Term. This License Agreement is effective upon Licensee opening this package and shall continue until
terminated. Licensee may terminate this License Agreement at any time by returning the Licensed
Materials and all copies thereof and extracts therefrom to ALE USA, Inc. and certifying to ALE USA, Inc.
in writing that all Licensed Materials and all copies thereof and extracts therefrom have been returned or
erased by the memory of Licensee's computer or made non-readable. ALE USA, Inc. may terminate this
License Agreement upon the breach by Licensee of any term hereof. Upon such termination by
OmniSwitch AOS Release 8 Network Configuration Guide
ALE USA, Inc. License Agreement
December 2017 page A-2