Filter
Top Products
893-01006-C iii
2. Restrictions on use; reservation of rights. The Software and user manuals are protected under copyright laws.
Bay Networks and/or its licensors retain all title and ownership in both the Software and user manuals, including any
revisions made by Bay Networks or its licensors. The copyright notice must be reproduced and included with any
copy of any portion of the Software or user manuals. Licensee may not modify, translate, decompile, disassemble, use
for any competitive analysis, reverse engineer, distribute, or create derivative works from the Software or user
manuals or any copy, in whole or in part. Except as expressly provided in this Agreement, Licensee may not copy or
transfer the Software or user manuals, in whole or in part. The Software and user manuals embody Bay Networks’ and
its licensors’ confidential and proprietary intellectual property. Licensee shall not sublicense, assign, or otherwise
disclose to any third party the Software, or any information about the operation, design, performance, or
implementation of the Software and user manuals that is confidential to Bay Networks and its licensors; however,
Licensee may grant permission to its consultants, subcontractors, and agents to use the Software at Licensee’s facility,
provided they have agreed to use the Software only in accordance with the terms of this license.
3. Limited warranty. Bay Networks warrants each item of Software, as delivered by Bay Networks and properly
installed and operated on Bay Networks hardware or other equipment it is originally licensed for, to function
substantially as described in its accompanying user manual during its warranty period, which begins on the date
Software is first shipped to Licensee. If any item of Software fails to so function during its warranty period, as the sole
remedy Bay Networks will at its discretion provide a suitable fix, patch, or workaround for the problem that may be
included in a future Software release. Bay Networks further warrants to Licensee that the media on which the
Software is provided will be free from defects in materials and workmanship under normal use for a period of 90 days
from the date Software is first shipped to Licensee. Bay Networks will replace defective media at no charge if it is
returned to Bay Networks during the warranty period along with proof of the date of shipment. This warranty does not
apply if the media has been damaged as a result of accident, misuse, or abuse. The Licensee assumes all responsibility
for selection of the Software to achieve Licensee’s intended results and for the installation, use, and results obtained
from the Software. Bay Networks does not warrant a) that the functions contained in the software will meet the
Licensee’s requirements, b) that the Software will operate in the hardware or software combinations that the Licensee
may select, c) that the operation of the Software will be uninterrupted or error free, or d) that all defects in the
operation of the Software will be corrected. Bay Networks is not obligated to remedy any Software defect that cannot
be reproduced with the latest Software release. These warranties do not apply to the Software if it has been (i) altered,
except by Bay Networks or in accordance with its instructions; (ii) used in conjunction with another vendor’s product,
resulting in the defect; or (iii) damaged by improper environment, abuse, misuse, accident, or negligence. THE
FOREGOING WARRANTIES AND LIMITATIONS ARE EXCLUSIVE REMEDIES AND ARE IN LIEU OF ALL
OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Licensee is responsible for the security of
its own data and information and for maintaining adequate procedures apart from the Software to reconstruct lost or
altered files, data, or programs.
4. Limitation of liability. IN NO EVENT WILL BAY NETWORKS OR ITS LICENSORS BE LIABLE FOR ANY
COST OF SUBSTITUTE PROCUREMENT; SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES; OR ANY DAMAGES RESULTING FROM INACCURATE OR LOST DATA OR LOSS OF USE OR
PROFITS ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE SOFTWARE, EVEN
IF BAY NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL THE LIABILITY OF BAY NETWORKS RELATING TO THE SOFTWARE OR THIS AGREEMENT
EXCEED THE PRICE PAID TO BAY NETWORKS FOR THE SOFTWARE LICENSE.
5. Government Licensees. This provision applies to all Software and documentation acquired directly or indirectly
by or on behalf of the United States Government. The Software and documentation are commercial products, licensed
on the open market at market prices, and were developed entirely at private expense and without the use of any U.S.
Government funds. The license to the U.S. Government is granted only with restricted rights, and use, duplication, or
disclosure by the U.S. Government is subject to the restrictions set forth in subparagraph (c)(1) of the Commercial
Computer Software––Restricted Rights clause of FAR 52.227-19 and the limitations set out in this license for civilian
agencies, and subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS
252.227-7013, for agencies of the Department of Defense or their successors, whichever is applicable.