6320657-AMATERIALS OR ANY PART THEREOF WILL MEET END CUSTOMER'S REQUIREMENTS OR BEUNINTERRUPTED, OR ERROR-FREE, OR THAT ANY ERRORS IN THE PRODUCT WILL BECORRECTED. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIEDWARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO END CUSTOMER. THISLIMITED WARRANTY GIVES END CUSTOMER SPECIFIC LEGAL RIGHTS. END CUSTOMER MAYALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Nortel ORITS SUPPLIERS BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS ORSERVICES, LOSS OF PROFITS, OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL,PUNITIVE OR INDIRECT DAMAGES (OR DIRECT DAMAGES IN THE CASE OF Nortel’SSUPPLIERS) ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDINGWITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING OUT OF ORRELATED TO THE PRODUCT OR ANY USE OR INABILITY TO USE THE PRODUCT. Nortel’STOTAL LIABILITY ARISING OUT OF OR RELATED TO THE PRODUCT, OR USE OR INABILITY TOUSE THE PRODUCT, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATIONNEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE PRICE PAID FORTHE PRODUCT. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF NortelAND/OR ITS SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ANDNOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NortelNEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHERLIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OF ITSPRODUCTS.Software License AgreementPLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE SOFTWARE AND AS-SOCIATED DOCUMENTATION THAT IS PROVIDED WITH THIS AGREEMENT (“SOFTWARE,” “DOCUMENTATION,” AND COL-LECTIVELY, “LICENSED MATERIALS”).BY USING ANY LICENSED MATERIALS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL THE TERMS ANDCONDITIONS OF THIS AGREEMENT AND YOU WILL BE CONSENTING TO BE BOUND BY THEM. IF YOU DO NOT ACCEPTTHESE TERMS AND CONDITIONS, DO NOT USE THE LICENSED MATERIALS AND RETURN THE LICENSED MATERIALS ANDANY EQUIPMENT PROVIDED BY Nortel IN CONNECTION THEREWITH (“EQUIPMENT”) UNUSED IN THE ORIGINAL SHIPPINGCONTAINER TO THE PLACE OF PURCHASE FOR A FULL REFUND.Software may be provided by Nortel on a standalone basis (“Standalone Software”) or it may be provided embedded inEquipment (“Embedded Software”).1. License.(a) Subject to the terms and conditions of this Agreement, Nortel (“Nortel”), grants to you (“Licensee”) a limited,non-exclusive, non-transferable license, without the right to sublicense: (i) to install and use the Standalone Software, inobject code format only, on computer hardware for which all corresponding license fees have been paid; (ii) use one (1)copy of the Embedded Software, in object code format only, solely as embedded in Equipment, each solely in accordancewith the Documentation for Licensee’s internal business purposes.(b) The license set forth above does not include any rights to and Licensee shall not (i) reproduce (except as setforth in Section 1(c)), modify, translate or create any derivative work of all or any portion of the Licensed Materials or Equip-ment, (ii) sell, rent, lease, loan, provide, distribute or otherwise transfer all or any portion of the Licensed Materials (exceptas set forth in Section 1(f)), (iii) reverse engineer, reverse assemble or otherwise attempt to gain access to the source codeof all or any portion of the Licensed Materials or Equipment, (iv) use the Licensed Materials for third-party training, com-mercial time-sharing or service bureau use, (v) remove, alter, cover or obfuscate any copyright notices, trademark noticesor other proprietary rights notices placed or embedded on or in the Licensed Materials or Equipment, (vi) use any componentof the Software or Equipment other than solely in conjunction with operation of the Software and as applicable, Equipment,(vii) unbundle any component of the Software or Equipment, (viii) use any component of the Software for the developmentof or in conjunction with any software application intended for resale that employs any such component, (ix) use the Li-censed Materials or Equipment in life support systems, human implantation, nuclear facilities or systems or any other ap-plication where failure could lead to a loss of life or catastrophic property damage, or (x) cause or permit any third party todo any of the foregoing.
