Nortel Networks NN46200-310 User Manual

Page 16

Software license

of this Agreement. Customer shall not a) use, copy, modify, transfer
or distribute the Software except as expressly authorized; b) reverse
assemble, reverse compile, reverse engineer or otherwise translate the
Software; c) create derivative works or modifications unless expressly
authorized; or d) sublicense, rent or lease the Software. Licensors of
intellectual property to Nortel Networks are beneficiaries of this provision.
Upon termination or breach of the license by Customer or in the event
designated hardware or CFE is no longer in use, Customer will promptly
return the Software to Nortel Networks or certify its destruction. Nortel
Networks may audit by remote polling or other reasonable means to
determine Customer’s Software activation or usage levels. If suppliers of
third party software included in Software require Nortel Networks to include
additional or different terms, Customer agrees to abide by such terms
provided by Nortel Networks with respect to such third party software.

Warranty. Except as may be otherwise expressly agreed to in

writing between Nortel Networks and Customer, Software is provided
"AS IS" without any warranties (conditions) of any kind. NORTEL
NETWORKS DISCLAIMS ALL WARRANTIES (CONDITIONS) FOR THE
SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF
NON-INFRINGEMENT. Nortel Networks is not obligated to provide support
of any kind for the Software. Some jurisdictions do not allow exclusion
of implied warranties, and, in such event, the above exclusions may not
apply.

Limitation of Remedies. IN NO EVENT SHALL NORTEL

NETWORKS OR ITS AGENTS OR SUPPLIERS BE LIABLE FOR ANY
OF THE FOLLOWING: a) DAMAGES BASED ON ANY THIRD PARTY
CLAIM; b) LOSS OF, OR DAMAGE TO, CUSTOMER’S RECORDS,
FILES OR DATA; OR c) DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST
PROFITS OR SAVINGS), WHETHER IN CONTRACT, TORT OR
OTHERWISE (INCLUDING NEGLIGENCE) ARISING OUT OF
YOUR USE OF THE SOFTWARE, EVEN IF NORTEL NETWORKS,
ITS AGENTS OR SUPPLIERS HAVE BEEN ADVISED OF THEIR
POSSIBILITY. The forgoing limitations of remedies also apply to any
developer and/or supplier of the Software. Such developer and/or supplier
is an intended beneficiary of this Section. Some jurisdictions do not allow
these limitations or exclusions and, in such event, they may not apply.

General

If Customer is the United States Government, the following paragraph
shall apply: All Nortel Networks Software available under this License
Agreement is commercial computer software and commercial computer

Nortel Ethernet Routing Switch 8300

Installation — DC Power Supply

NN46200-310

01.01

Standard

9 June 2008