Bay Networks 5399 Manual page 4

period along with proof of the date of shipment. This warranty does not apply if
the media has been damaged as a result of accident, misuse, or abuse. The
Licensee assumes all responsibility for selection of the Software to achieve
Licensee's intended results and for the installation, use, and results obtained from
the Software. Bay Networks does not warrant a) that the functions contained in the
software will meet the Licensee's requirements, b) that the Software will operate in
the hardware or software combinations that the Licensee may select, c) that the
operation of the Software will be uninterrupted or error free, or d) that all defects
in the operation of the Software will be corrected. Bay Networks is not obligated to
remedy any Software defect that cannot be reproduced with the latest Software
release. These warranties do not apply to the Software if it has been (i) altered,
except by Bay Networks or in accordance with its instructions; (ii) used in
conjunction with another vendor's product, resulting in the defect; or (iii) damaged
by improper environment, abuse, misuse, accident, or negligence. THE
FOREGOING WARRANTIES AND LIMITATIONS ARE EXCLUSIVE
REMEDIES AND ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Licensee is responsible for the security of its own data and information and for
maintaining adequate procedures apart from the Software to reconstruct lost or
altered files, data, or programs.
4. Limitation of liability. IN NO EVENT WILL BAY NETWORKS OR ITS
LICENSORS BE LIABLE FOR ANY COST OF SUBSTITUTE
PROCUREMENT; SPECIAL, INDIRECT, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES; OR ANY DAMAGES RESULTING FROM
INACCURATE OR LOST DATA OR LOSS OF USE OR PROFITS ARISING
OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE
SOFTWARE, EVEN IF BAY NETWORKS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY
OF BAY NETWORKS RELATING TO THE SOFTWARE OR THIS
AGREEMENT EXCEED THE PRICE PAID TO BAY NETWORKS FOR THE
SOFTWARE LICENSE.
5. Government Licensees. This provision applies to all Software and
documentation acquired directly or indirectly by or on behalf of the United States
Government. The Software and documentation are commercial products, licensed
on the open market at market prices, and were developed entirely at private
expense and without the use of any U.S. Government funds. The license to the
U.S. Government is granted only with restricted rights, and use, duplication, or
disclosure by the U.S. Government is subject to the restrictions set forth in
subparagraph (c)(1) of the Commercial Computer Software––Restricted Rights
clause of FAR 52.227-19 and the limitations set out in this license for civilian
agencies, and subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause of DFARS 252.227-7013, for agencies of the
Department of Defense or their successors, whichever is applicable.
6. Use of Software in the European Community. This provision applies to all
Software acquired for use within the European Community. If Licensee uses the
Software within a country in the European Community, the Software Directive
enacted by the Council of European Communities Directive dated 14 May, 1991,
will apply to the examination of the Software to facilitate interoperability.
Licensee agrees to notify Bay Networks of any such intended examination of the
Software and may procure support and assistance from Bay Networks.
7. Term and termination. This license is effective until terminated; however, all
of the restrictions with respect to Bay Networks' copyright in the Software and
user manuals will cease being effective at the date of expiration of the Bay
iv Managing Remote Access Concentrators Using Annex Manager