Nortel BayStack Instant Internet 100-S User Manual

Also see for BayStack 100-S: Reference Install guide Release note Using Install guide

Contents

9Setting Up the BayStack Instant Internet 100-S Unit4. Limitation of liability. IN NO EVENT WILL NORTEL NETWORKS OR ITS LICENSORS BE LIABLE FORANY COST OF SUBSTITUTE PROCUREMENT; SPECIAL, INDIRECT, INCIDENTAL, ORCONSEQUENTIAL DAMAGES; OR ANY DAMAGES RESULTING FROM INACCURATE OR LOST DATAOR LOSS OF USE OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OFTHE SOFTWARE, EVEN IF NORTEL NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES. IN NO EVENT SHALL THE LIABILITY OF NORTEL NETWORKS RELATING TO THESOFTWARE OR THIS AGREEMENT EXCEED THE PRICE PAID TO NORTEL NETWORKS FOR THESOFTWARE LICENSE.5. Government licensees. This provision applies to all Software and documentation acquired directly or indirectlyby or on behalf of the United States Government. The Software and documentation are commercial products,licensed on the open market at market prices, and were developed entirely at private expense and without the use ofany U.S. Government funds. The license to the U.S. Government is granted only with restricted rights, and use,duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraph (c)(1) ofthe Commercial Computer Software––Restricted Rights clause of FAR 52.227-19 and the limitations set out in thislicense for civilian agencies, and subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Softwareclause of DFARS 252.227-7013, for agencies of the Department of Defense or their successors, whichever isapplicable.6. Use of Software in the European Community. This provision applies to all Software acquired for use withinthe European Community. If Licensee uses the Software within a country in the European Community, theSoftware Directive enacted by the Council of European Communities Directive dated 14 May, 1991, will apply tothe examination of the Software to facilitate interoperability. Licensee agrees to notify Nortel Networks of any suchintended examination of the Software and may procure support and assistance from Nortel Networks.7. Term and termination. This license is effective until terminated; however, all of the restrictions with respect toNortel Networks’ copyright in the Software and user manuals will cease being effective at the date of expiration ofthe Nortel Networks copyright; those restrictions relating to use and disclosure of Nortel Networks’ confidentialinformation shall continue in effect. Licensee may terminate this license at any time. The license will automaticallyterminate if Licensee fails to comply with any of the terms and conditions of the license. Upon termination for anyreason, Licensee will immediately destroy or return to Nortel Networks the Software, user manuals, and all copies.Nortel Networks is not liable to Licensee for damages in any form solely by reason of the termination of thislicense.8. Export and re-export. Licensee agrees not to export, directly or indirectly, the Software or related technical dataor information without first obtaining any required export licenses or other governmental approvals. Withoutlimiting the foregoing, Licensee, on behalf of itself and its subsidiaries and affiliates, agrees that it will not, withoutfirst obtaining all export licenses and approvals required by the U.S. Government: (i) export, re-export, transfer, ordivert any such Software or technical data, or any direct product thereof, to any country to which such exports orre-exports are restricted or embargoed under United States export control laws and regulations, or to any national orresident of such restricted or embargoed countries; or (ii) provide the Software or related technical data orinformation to any military end user or for any military end use, including the design, development, or productionof any chemical, nuclear, or biological weapons.9. General. If any provision of this Agreement is held to be invalid or unenforceable by a court of competentjurisdiction, the remainder of the provisions of this Agreement shall remain in full force and effect. This Agreementwill be governed by the laws of the state of California.Should you have any questions concerning this Agreement, contact Nortel Networks, 4401 Great AmericaParkway, P.O. Box 58185, Santa Clara, California 95054-8185.LICENSEE ACKNOWLEDGES THAT LICENSEE HAS READ THIS AGREEMENT, UNDERSTANDS IT,AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. LICENSEE FURTHER AGREES THATTHIS AGREEMENT IS THE ENTIRE AND EXCLUSIVE AGREEMENT BETWEEN NORTEL NETWORKSAND LICENSEE, WHICH SUPERSEDES ALL PRIOR ORAL AND WRITTEN AGREEMENTS ANDCOMMUNICATIONS BETWEEN THE PARTIES PERTAINING TO THE SUBJECT MATTER OF THISAGREEMENT. NO DIFFERENT OR ADDITIONAL TERMS WILL BE ENFORCEABLE AGAINST NORTELNETWORKS UNLESS NORTEL NETWORKS GIVES ITS EXPRESS WRITTEN CONSENT, INCLUDING ANEXPRESS WAIVER OF THE TERMS OF THIS AGREEMENT.