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Special Notices
B-5
4. Limitation of liability. IN NO EVENT WILL Nortel 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 Nortel
NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL THE LIABILITY OF Nortel NETWORKS RELATING TO THE SOFTWARE
OR THIS AGREEMENT EXCEED THE PRICE PAID TO Nortel 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.
6. Use of Software in the European Community. This provision applies to all Software acquired
for use within the European Community. If Licensee uses the Software within a country in the
European Community, the Software Directive enacted by the Council of European Communities
Directive dated 14 May, 1991, will apply to the examination of the Software to facilitate
interoperability. Licensee agrees to notify Nortel Networks of any such intended examination of the
Software and may procure support and assistance from Nortel Networks.
7. Term and termination. This license is effective until terminated; however, all of the restrictions
with respect to Nortel Networks’ copyright in the Software and user manuals will cease being
effective at the date of expiration of the Nortel Networks copyright; those restrictions relating to use
and disclosure of Nortel Networks’ confidential information shall continue in effect. Licensee may
terminate this license at any time. The license will automatically terminate if Licensee fails to
comply with any of the terms and conditions of the license. Upon termination for any reason,
Licensee will immediately destroy or return to Nortel Networks the Software, user manuals, and all
copies. Nortel Networks is not liable to Licensee for damages in any form solely by reason of the
termination of this license.
8. Export and Re-export. Licensee agrees not to export, directly or indirectly, the Software or
related technical data or information without first obtaining any required export licenses or other
governmental approvals. Without limiting the foregoing, Licensee, on behalf of itself and its
subsidiaries and affiliates, agrees that it will not, without first obtaining all export licenses and
approvals required by the U.S. Government: (i) export, re-export, transfer, or divert any such
Software or technical data, or any direct product thereof, to any country to which such exports or
re-exports are restricted or embargoed under United States export control laws and regulations, or to
any national or resident of such restricted or embargoed countries; or (ii) provide the Software or
related technical data or information to any military end user or for any military end use, including
the design, development, or production of any chemical, nuclear, or biological weapons.