8
320657-A
7. Government Restricted Rights. As defined in FAR section 2.101, DFAR section 252.227-7014(a)(1) and DFAR section
252.227-7014(a)(5) or otherwise, the Software provided in connection with this Agreement are “commercial items,” “com-
mercial computer software” and/or “commercial computer software documentation.” Consistent with DFAR section
227.7202, FAR section 12.212 and other sections, any use, modification, reproduction, release, performance, display, dis-
closure or distribution thereof by or for the U.S. Government shall be governed solely by the terms of this Agreement and
shall be prohibited except to the extent expressly permitted by the terms of this Agreement. Any technical data provided
that is not covered by the above provisions shall be deemed “technical data-commercial items” pursuant to DFAR section
227.7015(a). Any use, modification, reproduction, release, performance, display or disclosure of such technical data shall
be governed by the terms of DFAR section 227.7015(b).
8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Nortel OR
ITS SUPPLIERS BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF PROFITS,
OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES (OR DIRECT DAMAGES IN THE
CASE OF Nortel’S SUPPLIERS) ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIM-
ITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR UNDER THIS AGREEMENT OR ANY USE OR
INABILITY TO USE THE LICENSED MATERIALS OR EQUIPMENT, OR FOR BREACH OF THIS AGREEMENT. Nortel’S TOTAL LI-
ABILITY ARISING OUT OF OR UNDER THIS AGREEMENT, OR USE OR INABILITY TO USE THE LICENSED MATERIALS OR
EQUIPMENT, OR FOR BREACH OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE PRICE PAID FOR THE SOFTWARE (FOR THE
STANDALONE SOFTWARE) AND THE PRICE PAID FOR THE EQUIPMENT (FOR THE EMBEDDED SOFTWARE AND EQUIPMENT).
THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF Nortel AND/OR ITS SUPPLIERS ARE ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY.
9. Third Party Beneficiaries. Nortel’s suppliers are intended third party beneficiaries of this Agreement. The terms and
conditions herein are made expressly for the benefit of and are enforceable by Nortel’s suppliers; provided, however, that
Nortel’s suppliers are not in any contractual relationship with Licensee. Nortel’s suppliers include without limitation: (a) Hifn,
Inc., a Delaware corporation with principal offices at 750 University Avenue, Los Gatos, California; and (b) Wind River Sys-
tems, Inc. and its suppliers.
10. General. This Agreement is governed and interpreted in accordance with the laws of the State of California, U.S.A.
without reference to conflicts of laws principles and excluding the United Nations Convention on Contracts for the Sale of
Goods. The parties consent to the exclusive jurisdiction of, and venue in, Santa Clara County, California, U.S.A. Licensee
shall not transfer, assign or delegate this Agreement or any rights or obligations hereunder, whether voluntarily, by opera-
tion of law or otherwise, without the prior written consent of Nortel (except as expressly set forth in Section 1(f)). Subject
to the foregoing, the terms and conditions of this Agreement shall be binding upon and inure to the benefit of the parties to
it and their respective heirs, successors, assigns and legal representatives. This Agreement constitutes the entire agreement
between Nortel and Licensee with respect to the subject matter hereof, and merges all prior negotiations and drafts of the
parties with regard thereto. No modification of or amendment to this Agreement, nor any waiver of any rights under this
Agreement, by Nortel shall be effective unless in writing. If any of the provisions of this Agreement is held by a court of
competent jurisdiction to be invalid or unenforceable under any applicable statute or rule of law, such provision shall, to that
extent, be deemed omitted.
SSH Source Code Statement
C 1995 - 2004 SAFENET, Inc. This software is protected by international copyright laws. All rights reserved. SafeNet is a
registered trademark of SAFENET, Inc., in the United States and in certain other jurisdictions. SAFENET and the SAFENET
logo are trademarks of SAFENET, Inc., and may be registered in certain jurisdictions. All other names and marks are prop-
erty of their respective owners.
Copyright (c) 1983, 1990, 1992, 1993, 1995 The Regents of the University of California. All rights reserved.
THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRAN-
TIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTIC-
ULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEAPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PRO-
CUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POS-
SIBILITY OF SUCH DAMAGE.
Components of the software are provided under a standard 2-term BSD licence with the following names as copyright hold-
ers:
o Markus Friedl
o Theo de Raadt
o Niels Provos
o Dug Song
oAaron Campbell
