Nortel Networks 2500 Series User Manual

Page 6

Nortel Networks Inc. software license agreement

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.

2. 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.

3. 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 foregoing 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.

4. 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 software documentation and, in the
event Software is licensed for or on behalf of the United States
Government, the respective rights to the software and software
documentation are governed by Nortel Networks standard
commercial license in accordance with U.S. Federal Regulations

Nortel Ethernet Routing Switch 2500 Series

Fundamentals

NN47215-102

01.01

Standard

27 October 2008