Nortel Networks Passport Module 8672A - Manual (Page 4)

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1. License grant. Nortel Networks NA Inc. (“Nortel 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 Nortel Networks Agent software or other Nortel Networks software products. Nortel Networks Agent software or
other Nortel Networks software products are licensed for use under the terms of the applicable Nortel Networks NA Inc.
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.
Nortel Networks and/or its licensors retain all title and ownership in both the Software and user manuals, including any
revisions made by Nortel 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 Nortel 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 Nortel 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. Nortel Networks warrants each item of Software, as delivered by Nortel Networks and properly
installed and operated on Nortel 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 Nortel Networks will at its discretion provide a suitable fix, patch, or workaround for the problem that may be
included in a future Software release. Nortel 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. Nortel Networks will replace defective media at no charge if it is
returned to Nortel 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. Nortel 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. Nortel 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 Nortel 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 NORTEL 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
NORTEL NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL THE LIABILITY OF NORTEL NETWORKS RELATING TO THE SOFTWARE OR THIS AGREEMENT
EXCEED THE PRICE PAID TO NORTEL NETWORKS FOR THE SOFTWARE LICENSE.