Nortel Nautica 4000 Installation Manual

Also see for Contivity 4000: Installation hardware User guide Software Reference Release note

Contents

119500-A Rev. A xvii6. Use of Software in the European Community. This provision applies to all Softwareacquired for use within the European Community. If Licensee uses the Software within acountry in the European Community, the Software Directive enacted by the Council ofEuropean Communities Directive dated 14 May, 1991, will apply to the examination of theSoftware to facilitate interoperability. Licensee agrees to notify Bay Networks of any suchintended examination of the Software and may procure support and assistance from BayNetworks.7. Term and termination. This license is effective until terminated; however, all of therestrictions with respect to Bay Networks’ copyright in the Software and user manuals willcease being effective at the date of expiration of the Bay Networks copyright; thoserestrictions relating to use and disclosure of Bay Networks’ confidential information shallcontinue in effect. Licensee may terminate this license at any time. The license willautomatically terminate if Licensee fails to comply with any of the terms and conditions ofthe license. Upon termination for any reason, Licensee will immediately destroy or returnto Bay Networks the Software, user manuals, and all copies. Bay Networks is not liable toLicensee 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, theSoftware or related technical data or information without first obtaining any requiredexport licenses or other governmental approvals. Without limiting the foregoing, Licensee,on behalf of itself and its subsidiaries and affiliates, agrees that it will not, without firstobtaining all export licenses and approvals required by the U.S. Government: (i) export,re-export, transfer, or divert any such Software or technical data, or any direct productthereof, to any country to which such exports or re-exports are restricted or embargoedunder United States export control laws and regulations, or to any national or resident ofsuch restricted or embargoed countries; or (ii) provide the Software or related technicaldata or information to any military end user or for any military end use, including thedesign, 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 acourt of competent jurisdiction, the remainder of the provisions of this Agreement shallremain in full force and effect. This Agreement will be governed by the laws of the state ofCalifornia.Should you have any questions concerning this Agreement, contact Bay Networks, Inc.,4401 Great America Parkway, 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 ANDCONDITIONS. LICENSEE FURTHER AGREES THAT THIS AGREEMENT IS THEENTIRE AND EXCLUSIVE AGREEMENT BETWEEN BAY NETWORKS ANDLICENSEE, WHICH SUPERSEDES ALL PRIOR ORAL AND WRITTENAGREEMENTS AND COMMUNICATIONS BETWEEN THE PARTIES PERTAININGTO THE SUBJECT MATTER OF THIS AGREEMENT. NO DIFFERENT ORADDITIONAL TERMS WILL BE ENFORCEABLE AGAINST BAY NETWORKSUNLESS BAY NETWORKS GIVES ITS EXPRESS WRITTEN CONSENT,INCLUDING AN EXPRESS WAIVER OF THE TERMS OF THIS AGREEMENT.