Nortel Contivity 100 Setting Up

Contents

9Setting Up the Contivity 100 Unitreproduced with the latest Software release. These warranties do not apply to the Software if it has been (i) altered,except by Nortel Networks or in accordance with its instructions; (ii) used in conjunction with another vendor’s product,resulting in the defect; or (iii) damaged by improper environment, abuse, misuse, accident, or negligence. THEFOREGOING WARRANTIES AND LIMITATIONS ARE EXCLUSIVE REMEDIES AND ARE IN LIEU OF ALLOTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Licensee is responsible for the security of itsown data and information and for maintaining adequate procedures apart from the Software to reconstruct lost or alteredfiles, data, or programs.4. Limitation of liability. IN NO EVENT WILL NORTEL NETWORKS OR ITS LICENSORS BE LIABLE FORANY COST OF SUBSTITUTE PROCUREMENT; SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIALDAMAGES; OR ANY DAMAGES RESULTING FROM INACCURATE OR LOST DATA OR LOSS OF USE ORPROFITS ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE SOFTWARE, EVEN IFNORTEL NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENTSHALL THE LIABILITY OF NORTEL NETWORKS RELATING TO THE SOFTWARE OR THIS AGREEMENTEXCEED THE PRICE PAID TO NORTEL NETWORKS FOR THE SOFTWARE LICENSE.5. Government licensees. This provision applies to all Software and documentation acquired directly or indirectly by oron behalf of the United States Government. The Software and documentation are commercial products, licensed on theopen market at market prices, and were developed entirely at private expense and without the use of any U.S.Government funds. The license to the U.S. Government is granted only with restricted rights, and use, duplication, ordisclosure by the U.S. Government is subject to the restrictions set forth in subparagraph (c)(1) of the CommercialComputer Software––Restricted Rights clause of FAR 52.227-19 and the limitations set out in this license for civilianagencies, and subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS252.227-7013, for agencies of the Department of Defense or their successors, whichever is applicable.6. Use of software in the European Community. This provision applies to all Software acquired for use within theEuropean Community. If Licensee uses the Software within a country in the European Community, the SoftwareDirective enacted by the Council of European Communities Directive dated 14 May, 1991, will apply to the examinationof the Software to facilitate interoperability. Licensee agrees to notify Nortel Networks of any such intendedexamination 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 of theNortel Networks copyright; those restrictions relating to use and disclosure of Nortel Networks’ confidential informationshall continue in effect. Licensee may terminate this license at any time. The license will automatically terminate ifLicensee fails to comply with any of the terms and conditions of the license. Upon termination for any reason, Licenseewill immediately destroy or return to Nortel Networks the Software, user manuals, and all copies. Nortel Networks is notliable to Licensee for damages in any form solely by reason of the termination of this license.8. Export and re-export. Licensee agrees not to export, directly or indirectly, the Software or related technical data orinformation without first obtaining any required export licenses or other governmental approvals. Without limiting theforegoing, Licensee, on behalf of itself and its subsidiaries and affiliates, agrees that it will not, without first obtaining allexport licenses and approvals required by the U.S. Government: (i) export, re-export, transfer, or divert any suchSoftware or technical data, or any direct product thereof, to any country to which such exports or re-exports are restrictedor embargoed under United States export control laws and regulations, or to any national or resident of such restricted orembargoed countries; or (ii) provide the Software or related technical data or information to any military end user or forany military end use, including the design, development, or production of 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 Agreement willbe governed by the laws of the state of California.Should you have any questions concerning this Agreement, contact Nortel Networks Inc., 2375 N. Glenville Dr.,Richardson, TX 75082.LICENSEE ACKNOWLEDGES THAT LICENSEE HAS READ THIS AGREEMENT, UNDERSTANDS IT, ANDAGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. LICENSEE FURTHER AGREES THAT THIS