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12 Software license
uses the Software does so only in compliance with the terms 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.
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
Nortel Secure Network Access Switch
Using the Command Line Interface
NN47230-100 03.01 Standard
28 July 2008
Copyright © 2007, 2008 Nortel Networks
.