45 DISCLAIMER OF WARRANTY: THE SOFTWARE IS PROVIDED ON AN “AS IS”BASIS. NORTEL DISCLAIMS ALL REPRESENTATIONS, WARRANTIES ANDCONDITIONS RELATING TO THE SOFTWARE, INCLUDING BUT NOT LIMITEDTO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE AND NON-INFRINGEMENT. NORTEL DOES NOTWARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THEUSE, OR THE RESULTS OF THE USE, OF THE SOFTWARE IN TERMS OFCORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE.6 NO LIABILITY FOR CONSEQUENTIAL DAMAGES: NEITHER NORTEL NORANY 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 LICENSEAGREEMENT, EVEN IF NORTEL OR SUCH AGENT OR SUPPLIER HAS BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES ANDWHETHER ANY SUCH DAMAGE ARISES OUT OF CONTRACT (INCLUDINGFUNDAMENTAL BREACH) TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.NORTEL’S ENTIRE LIABILITY FOR ANY CLAIM OR LOSS, DAMAGE OREXPENSE FROM ANY CAUSE WHATSOEVER, WHETHER ARISING INCONTRACT (ETC.) SHALL IN NO EVENT EXCEED THE PRICE PAID BY YOUUNDER THIS LICENSE AGREEMENT. In some jurisdictions you may have additionalrights 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 thefederal laws of Canada applicable therein. The United Nations convention on Contracts forthe International Sale of Goods, is expressly excluded. You agree that the Software shall notbe shipped, transferred, or exported into any country or used in any manner prohibited bythe United States Export Administration Act, or any other export laws, restrictions orregulations.8 Notice to United States Government End Users: You acknowledge that any Softwarefurnished under this License Agreement is commercial computer software developed atprivate expense and is provided with RESTRICTED RIGHTS. Any use modification,reproduction, display, release, duplication or disclosure of this commercial computersoftware by the United States Government or its agencies is subject to the terms andconditions and restrictions of the License Agreement in accordance with the United StatesFederal Regulations at 48 C.F.R. Section 12.212 and Subsection 227.7202-3 or applicablesubsequent 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 wayotherwise affect the validity or enforceability of this License Agreement. This LicenseAgreement represents the entire agreement between Nortel and you concerning theSoftware, 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 hereunderor to take action against you in the event that you breach any term hereunder, shall not bedeemed to be a waiver by Nortel as to subsequent enforcement of rights or subsequentactions in the event of future breaches by you.