Nortel Networks BCM50 2.0 User Manual

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DISCLAIMER OF WARRANTY: THE SOFTWARE IS PROVIDED ON AN “AS IS”
BASIS. NORTEL DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND
CONDITIONS RELATING TO THE SOFTWARE, INCLUDING BUT NOT LIMITED
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USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE IN TERMS OF
CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE.

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ANY OF ITS AGENTS OR SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES, OR LOST DATA,
OR LOST PROFITS, ARISING FROM THE SOFTWARE OR THIS LICENSE
AGREEMENT, EVEN IF NORTEL OR SUCH AGENT OR SUPPLIER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND
WHETHER ANY SUCH DAMAGE ARISES OUT OF CONTRACT (INCLUDING
FUNDAMENTAL BREACH) TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.
NORTEL’S ENTIRE LIABILITY FOR ANY CLAIM OR LOSS, DAMAGE OR
EXPENSE FROM ANY CAUSE WHATSOEVER, WHETHER ARISING IN
CONTRACT (ETC.) SHALL IN NO EVENT EXCEED THE PRICE PAID BY YOU
UNDER THIS LICENSE AGREEMENT. In some jurisdictions you may have additional
rights in which case some of the above may not apply to you.

Governing Law: This License Agreement is governed by the laws of Ontario and the
federal laws of Canada applicable therein. The United Nations convention on Contracts for
the International Sale of Goods, is expressly excluded. You agree that the Software shall not
be shipped, transferred, or exported into any country or used in any manner prohibited by
the United States Export Administration Act, or any other export laws, restrictions or
regulations.

Notice to United States Government End Users: You acknowledge that any Software
furnished under this License Agreement is commercial computer software developed at
private expense and is provided with RESTRICTED RIGHTS. Any use modification,
reproduction, display, release, duplication or disclosure of this commercial computer
software by the United States Government or its agencies is subject to the terms and
conditions and restrictions of the License Agreement in accordance with the United States
Federal Regulations at 48 C.F.R. Section 12.212 and Subsection 227.7202-3 or applicable
subsequent regulations.

General

: Should any term of this License Agreement be declared void or unenforceable,

such term shall be deemed severable from the remaining terms but shall in no way
otherwise affect the validity or enforceability of this License Agreement. This License
Agreement represents the entire agreement between Nortel and you concerning the
Software, and supersedes all prior understandings and agreements relating to the Software,
whether oral or written. The failure of Nortel to enforce any of its rights granted hereunder
or to take action against you in the event that you breach any term hereunder, shall not be
deemed to be a waiver by Nortel as to subsequent enforcement of rights or subsequent
actions in the event of future breaches by you.