Software License Agreement - Alcatel OmniAccess Wireless System 2.1 Product Manual

Exclusions and Restrictions
Exclusions and Restrictions
Airespace shall not be responsible for any software, firmware, information or memory data contained
in, stored on or integrated with any Product returned to Airespace pursuant to any warranty or repair.
Upon return of repaired or replaced Products by Airespace, the warranty with respect to such Products
will continue for the remaining unexpired warranty or sixty (60) days, whichever is longer. Airespace
may provide out-of-warranty repair for the Products at its then-prevailing repair rates.
The limited warranty for the Product does not apply if, in the judgment of Airespace, the Product fails
due to damage from shipment, handling, storage, accident, abuse or misuse, or it has been used or
maintained in a manner not conforming to Product manual instructions, has been modified in any way,
or has had any Serial Number removed or defaced. Repair by anyone other than Airespace or an
approved agent will void this warranty.
EXCEPT FOR ANY EXPRESS LIMITED WARRANTIES FROM AIRESPACE SET FORTH ABOVE, THE
PRODUCT IS PROVIDED "AS IS", AND AIRESPACE AND ITS SUPPLIERS MAKE NO WARRANTY,
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO PRODUCT OR ANY PART
THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THOSE ARISING FROM COURSE OF
PERFORMANCE, DEALING, USAGE OR TRADE. AIRESPACE'S SUPPLIERS MAKE NO DIRECT WARRANTY
OF ANY KIND TO END CUSTOMER FOR THE LICENSED MATERIALS. NEITHER AIRESPACE NOR ANY OF
ITS SUPPLIERS WARRANT THAT THE LICENSED MATERIALS OR ANY PART THEREOF WILL MEET END
CUSTOMER'S REQUIREMENTS OR BE UNINTERRUPTED, OR ERROR-FREE, OR THAT ANY ERRORS IN
THE PRODUCT WILL BE CORRECTED. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO END CUSTOMER. THIS
LIMITED WARRANTY GIVES END CUSTOMER SPECIFIC LEGAL RIGHTS. END CUSTOMER MAY ALSO
HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AIRESPACE OR ITS
SUPPLIERS BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS
OF PROFITS, OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES
(OR DIRECT DAMAGES IN THE CASE OF AIRESPACE'S SUPPLIERS) ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY
OR OTHERWISE ARISING OUT OF OR RELATED TO THE PRODUCT OR ANY USE OR INABILITY TO USE
THE PRODUCT. AIRESPACE'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE PRODUCT, OR
USE OR INABILITY TO USE THE PRODUCT, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT
LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE PRICE PAID
FOR THE PRODUCT. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF AIRESPACE
AND/OR ITS SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITH-
STANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. AIRESPACE NEITHER
ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN
CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF ITS PRODUCTS.

Software License Agreement

Software License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THE SOFTWARE AND ASSOCIATED
DOCUMENTATION THAT IS PROVIDED WITH THIS AGREEMENT ("SOFTWARE," "DOCUMENTATION," AND COLLECTIVELY, "LICENSED
MATERIALS").
BY USING ANY LICENSED MATERIALS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL THE TERMS AND CONDI-
TIONS OF THIS AGREEMENT AND YOU WILL BE CONSENTING TO BE BOUND BY THEM. IF YOU DO NOT ACCEPT THESE TERMS AND
CONDITIONS, DO NOT USE THE LICENSED MATERIALS AND RETURN THE LICENSED MATERIALS AND ANY EQUIPMENT PROVIDED BY
Airespace IN CONNECTION THEREWITH ("EQUIPMENT") UNUSED IN THE ORIGINAL SHIPPING CONTAINER TO THE PLACE OF PUR-
CHASE FOR A FULL REFUND.
Software may be provided by Airespace on a standalone basis ("Standalone Software") or it may be provided embedded in Equipment
("Embedded Software").
1. License.
(a) Subject to the terms and conditions of this Agreement, Airespace, Inc. ("Airespace"), grants to you ("Licensee") a limited,
non-exclusive, non-transferable license, without the right to sublicense: (i) to install and use the Standalone Software, in object code
format only, on computer hardware for which all corresponding license fees have been paid; (ii) use one (1) copy of the Embedded
Software, in object code format only, solely as embedded in Equipment, each solely in accordance with the Documentation for Licens-
11/5/04 Legal Information
90-100831-300 Rev 2Alcatel OmniAccess Wireless Access Point Quick Installation Guide iv