4320656-AThe End Customer or their designated reseller must obtain a Return Material Authorization number (RMAnumber) from Nortel for the non-conforming Product and the non-conforming Product must be returned toNortel according to the then-current RMA procedures. The End Customer or their designated reseller isresponsible to ensure that the shipments are insured, with the transportation charges prepaid and that the RMAnumber is clearly marked on the outside of the package. Nortel will not accept collect shipments or thosereturned without an RMA number clearly visible on the outside of the package.Exclusions and RestrictionsNortel shall not be responsible for any software, firmware, information or memory data contained in, storedon or integrated with any Product returned to Nortel pursuant to any warranty or repair.Upon return of repaired or replaced Products by Nortel , the warranty with respect to such Products willcontinue for the remaining unexpired warranty or sixty (60) days, whichever is longer. Nortel may provideout-of-warranty repair for the Products at its then-prevailing repair rates.The limited warranty for the Product does not apply if, in the judgment of Nortel , the Product fails due todamage from shipment, handling, storage, accident, abuse or misuse, or it has been used or maintained in amanner not conforming to Product manual instructions, has been modified in any way, or has had any SerialNumber removed or defaced. Repair by anyone other than Nortel or an approved agent will void thiswarranty.EXCEPT FOR ANY EXPRESS LIMITED WARRANTIES FROM Nortel Networks SET FORTH ABOVE,THE PRODUCT IS PROVIDED “AS IS”, AND Nortel Networks AND ITS SUPPLIERS MAKE NOWARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO PRODUCTOR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OFTITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ORTHOSE ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. NortelNetworks’S SUPPLIERS MAKE NO DIRECT WARRANTY OF ANY KIND TO END CUSTOMER FORTHE LICENSED MATERIALS. NEITHER Nortel Networks NOR ANY OF ITS SUPPLIERS WARRANTTHAT THE LICENSED MATERIALS OR ANY PART THEREOF WILL MEET END CUSTOMER'SREQUIREMENTS OR BE UNINTERRUPTED, OR ERROR-FREE, OR THAT ANY ERRORS IN THEPRODUCT WILL BE CORRECTED. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLU-SION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ENDCUSTOMER. THIS LIMITED WARRANTY GIVES END CUSTOMER SPECIFIC LEGAL RIGHTS. ENDCUSTOMER MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TOSTATE/JURISDICTION.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NortelNetworks OR ITS SUPPLIERS BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTEGOODS OR SERVICES, LOSS OF PROFITS, OR FOR ANY SPECIAL, CONSEQUENTIAL, INCI-DENTAL, PUNITIVE OR INDIRECT DAMAGES (OR DIRECT DAMAGES IN THE CASE OF NortelNetworks’S SUPPLIERS) ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT(INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISEARISING OUT OF OR RELATED TO THE PRODUCT OR ANY USE OR INABILITY TO USE THEPRODUCT. Nortel Networks’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THEPRODUCT, OR USE OR INABILITY TO USE THE PRODUCT, WHETHER IN CONTRACT, TORT(INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE,SHALL NOT EXCEED THE PRICE PAID FOR THE PRODUCT. THE LIMITATIONS SET FORTH INTHIS SECTION SHALL APPLY EVEN IF Nortel Networks AND/OR ITS SUPPLIERS ARE ADVISED OFTHE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL