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8 Nortel Networks Software License Agreement
P0988431 Issue 03
5 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 TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. NORTEL DOES NOT WARRANT,
GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE
RESULTS OF THE USE, OF THE SOFTWARE IN TERMS OF CORRECTNESS,
ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE.
6 NO LIABILITY FOR CONSEQUENTIAL DAMAGES
: NEITHER NORTEL NOR 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.
7 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.
8 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.
9 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.