8 Nortel Networks Software License AgreementP0988431 Issue 035 DISCLAIMER OF WARRANTY: THE SOFTWARE IS PROVIDED ON AN “AS IS”BASIS. NORTEL DISCLAIMS ALL REPRESENTATIONS, WARRANTIES ANDCONDITIONS RELATING TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO,IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE AND NON-INFRINGEMENT. NORTEL DOES NOT WARRANT,GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THERESULTS OF THE USE, OF THE SOFTWARE IN TERMS OF CORRECTNESS,ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE.6 NO LIABILITY FOR CONSEQUENTIAL DAMAGES: NEITHER NORTEL NOR ANYOF ITS AGENTS OR SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT,CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES, OR LOST DATA, ORLOST PROFITS, ARISING FROM THE SOFTWARE OR THIS LICENSE AGREEMENT,EVEN IF NORTEL OR SUCH AGENT OR SUPPLIER HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES OR LOSSES AND WHETHER ANY SUCHDAMAGE ARISES OUT OF CONTRACT (INCLUDING FUNDAMENTAL BREACH)TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. NORTEL’S ENTIRE LIABILITYFOR ANY CLAIM OR LOSS, DAMAGE OR EXPENSE FROM ANY CAUSEWHATSOEVER, WHETHER ARISING IN CONTRACT (ETC.) SHALL IN NO EVENTEXCEED THE PRICE PAID BY YOU UNDER THIS LICENSE AGREEMENT. In somejurisdictions you may have additional rights in which case some of the above may not apply toyou.7 Governing Law: This License Agreement is governed by the laws of Ontario and the federallaws of Canada applicable therein. The United Nations convention on Contracts for theInternational Sale of Goods, is expressly excluded. You agree that the Software shall not beshipped, transferred, or exported into any country or used in any manner prohibited by theUnited States Export Administration Act, or any other export laws, restrictions or regulations.8 Notice to United States Government End Users: You acknowledge that any Softwarefurnished under this License Agreement is commercial computer software developed atprivate expense and is provided with RESTRICTED RIGHTS. Any use modification,reproduction, display, release, duplication or disclosure of this commercial computer softwareby the United States Government or its agencies is subject to the terms and conditions andrestrictions of the License Agreement in accordance with the United States FederalRegulations at 48 C.F.R. Section 12.212 and Subsection 227.7202-3 or applicable subsequentregulations.9 General: Should any term of this License Agreement be declared void or unenforceable, suchterm shall be deemed severable from the remaining terms but shall in no way otherwise affectthe validity or enforceability of this License Agreement. This License Agreement representsthe entire agreement between Nortel and you concerning the Software, and supersedes all priorunderstandings and agreements relating to the Software, whether oral or written. The failure ofNortel to enforce any of its rights granted hereunder or to take action against you in the eventthat you breach any term hereunder, shall not be deemed to be a waiver by Nortel as tosubsequent enforcement of rights or subsequent actions in the event of future breaches by you.