Nortel Networks software license agreementThis Software License Agreement ("License Agreement") is between you, the end-user ("Customer") and NortelNetworks Corporation and its subsidiaries and affiliates ("Nortel Networks"). PLEASE READ THE FOLLOWINGCAREFULLY. YOU MUST ACCEPT THESE LICENSE TERMS IN ORDER TO DOWNLOAD AND/OR USE THESOFTWARE. USE OF THE SOFTWARE CONSTITUTES YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT.If you do not accept these terms and conditions, return the Software, unused and in the original shipping container,within 30 days of purchase to obtain a credit for the full purchase price."Software" is owned or licensed by Nortel Networks, its parent or one of its subsidiaries or affiliates, and iscopyrighted and licensed, not sold. Software consists of machine-readable instructions, its components, data,audio-visual content (such as images, text, recordings or pictures) and related licensed materials including all wholeor partial copies. Nortel Networks grants you a license to use the Software only in the country where you acquired theSoftware. You obtain no rights other than those granted to you under this License Agreement. You are responsible forthe selection of the Software and for the installation of, use of, and results obtained from the Software.1. Licensed Use of Software. Nortel Networks grants Customer a nonexclusive license to use a copy of theSoftware on only one machine at any one time or to the extent of the activation or authorized usage level,whichever is applicable. To the extent Software is furnished for use with designated hardware or Customerfurnished equipment ("CFE"), Customer is granted a nonexclusive license to use Software only on suchhardware or CFE, as applicable. Software contains trade secrets and Customer agrees to treat Software asconfidential information using the same care and discretion Customer uses with its own similar information that itdoes not wish to disclose, publish or disseminate. Customer ensures that anyone who uses the Software doesso only in compliance with the terms of this Agreement. Customer shall not a) use, copy, modify, transfer ordistribute the Software except as expressly authorized; b) reverse assemble, reverse compile, reverse engineeror otherwise translate the Software; c) create derivative works or modifications unless expressly authorized; or d)sublicense, rent or lease the Software. Licensors of intellectual property to Nortel Networks are beneficiaries ofthis provision. Upon termination or breach of the license by Customer or in the event designated hardware orCFE is no longer in use, Customer promptly returns the Software to Nortel Networks or certify its destruction.Nortel Networks can audit by remote polling or other reasonable means to determine Customer’s Softwareactivation or usage levels. If suppliers of third party software included in Software require Nortel Networks toinclude additional or different terms, Customer agrees to abide by such terms provided by Nortel Networkswith respect to such third party software.2. Warranty. Except as can be otherwise expressly agreed to in writing between Nortel Networks and Customer,Software is provided "AS IS" without any warranties (conditions) of any kind. NORTEL NETWORKS DISCLAIMSALL WARRANTIES (CONDITIONS) FOR THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING,BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR APARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. Nortel Networks is not obligatedto provide support of any kind for the Software. Some jurisdictions do not allow exclusion of implied warranties,and, in such event, the above exclusions can not apply.3. Limitation of Remedies. IN NO EVENT SHALL NORTEL NETWORKS OR ITS AGENTS OR SUPPLIERS BELIABLE FOR ANY OF THE FOLLOWING: a) DAMAGES BASED ON ANY THIRD PARTY CLAIM; b) LOSSOF, OR DAMAGE TO, CUSTOMER’S RECORDS, FILES OR DATA; OR c) DIRECT, INDIRECT, SPECIAL,INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS),WHETHER IN CONTRACT, TORT OR OTHERWISE (INCLUDING NEGLIGENCE) ARISING OUT OF YOURUSE OF THE SOFTWARE, EVEN IF NORTEL NETWORKS, ITS AGENTS OR SUPPLIERS HAVE BEENADVISED OF THEIR POSSIBILITY. The foregoing limitations of remedies also apply to any developer and/orsupplier of the Software. Such developer and/or supplier is an intended beneficiary of this Section. Somejurisdictions do not allow these limitations or exclusions and, in such event, they can not apply.4. Generala. If Customer is the United States Government, the following paragraph shall apply: All Nortel NetworksSoftware available under this License Agreement is commercial computer software and commercialcomputer software documentation and, in the event Software is licensed for or on behalf of the United StatesGovernment, the respective rights to the software and software documentation are governed by NortelNetworks standard commercial license in accordance with U.S. Federal Regulations at 48 C.F.R. Sections12.212 (for non-DoD entities) and 48 C.F.R. 227.7202 (for DoD entities).b. Customer can terminate the license at any time. Nortel Networks can terminate the license if Customer failsto comply with the terms and conditions of this license. In either event, upon termination, Customer musteither return the Software to Nortel Networks or certify its destruction.