Nortel CMTS 1000 Install Manual page 5

CMTS 1000 Installation Manual V1.2
UNDER WHICH BAY NETWORKS WILL PERMIT YOU TO USE THE SOFTWARE. If you do not accept these
terms and conditions, return the product, unused and in the original shipping container, within 30 days of purchase to
obtain a credit for the full purchase price.
1. License Grant. Bay Networks ("Bay Networks") grants the end user of the Software ("Licensee") a personal,
nonexclusive, nontransferable license: a) to use the Software either on a single computer or, if applicable, on a single
authorized device identified by host ID, for which it was originally acquired; b) to copy the Software solely for
backup purposes in support of authorized use of the Software; and c) to use and copy the associated user manual
solely in support of authorized use of the Software by Licensee. This license applies to the Software only and does not
extend to Bay Networks Agent software or other Bay Networks software products. Bay Networks Agent software or
other Bay Networks software products are licensed for use under the terms of the applicable Bay Networks Software
License Agreement that accompanies such software and upon payment by the end user of the applicable license fees
for such software.
2. Restrictions on use; reservation of rights. The Software and user manuals are protected under copyright laws.
Bay Networks and/or its licensors retain all title and ownership in both the Software and user manuals, including any
revisions made by Bay Networks or its licensors. The copyright notice must be reproduced and included with any
copy of any portion of the Software or user manuals. Licensee may not modify, translate, decompile, disassemble, use
for any competitive analysis, reverse engineer, distribute, or create derivative works from the Software or user
manuals or any copy, in whole or in part. Except as expressly provided in this Agreement, Licensee may not copy or
transfer the Software or user manuals, in whole or in part. The Software and user manuals embody Bay Networks' and
its licensors' confidential and proprietary intellectual property. Licensee shall not sublicense, assign, or otherwise
disclose to any third party the Software, or any information about the operation, design, performance, or
implementation of the Software and user manuals that is confidential to Bay Networks and its licensors; however,
Licensee may grant permission to its consultants, subcontractors, and agents to use the Software at Licensee's facility,
provided they have agreed to use the Software only in accordance with the terms of this license.
3. Limited warranty. Bay Networks warrants each item of Software, as delivered by Bay Networks and properly
installed and operated on Bay Networks hardware or other equipment it is originally licensed for, to function
substantially as described in its accompanying user manual during its warranty period, which begins on the date
Software is first shipped to Licensee. If any item of Software fails to so function during its warranty period, as the sole
remedy Bay Networks will at its discretion provide a suitable fix, patch, or workaround for the problem that may be
included in a future Software release. Bay Networks further warrants to Licensee that the media on which the
Software is provided will be free from defects in materials and workmanship under normal use for a period of 90 days
from the date Software is first shipped to Licensee. Bay Networks will replace defective media at no charge if it is
returned to Bay Networks during the warranty 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
302693-B Rev 00 v