Avaya BCM First Time Instalační příručka stáhnout pdf (Strana 3)

3 / SOFTWARE LICENSE

P0993238 Issue 01

EXPRESS LIMITED WARRANTIES FOR ANY ITEM OF LICENSED

SOFTWARE, IF ANY, WILL BE SOLELY THOSE GRANTED DIRECTLY TO

CUSTOMER BY DISTRIBUTOR. OTHER THAN AS SET FORTH THEREIN,

THIS LICENSE DOES NOT CONFER ANY WARRANTY TO CUSTOMER

FROM OR BY NORTEL NETWORKS.

THE LICENSED SOFTWARE IS PROVIDED BY NORTEL NETWORKS "AS

IS" AND WITHOUT WARRANTY OF ANY KIND OR NATURE, WRITTEN OR

ORAL, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) THE

IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A

PARTICULAR PURPOSE.

THIS LIMITATION OF WARRNATIES WAS A MATERIAL FACTOR IN THE

ESTABLISHMENT OF THE LICENSE FEE CHARGED FOR EACH SPECIFIC

ITEM OF SOFTWARE LICENSED.

IN NO EVENT WILL NORTEL NETWORKS AND/OR NORTEL NETWORKS’

SUPPLIERS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES OR

AGENTS BE LIABLE TO OR THROUGH CUSTOMER FOR INCIDENTAL,

INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY

DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOSS OF

BUSINESS OR BUSINESS INFORMATION, BUSINESS INTERRUPTION, OR

OTHER ECONOMIC DAMAGE, AND FURTHER INCLUDING INJURY TO

PROPERTY, AS A RESULT OF USE OR INABILITY TO USE THE LICENSED

SOFTWARE OR BREACH OF ANY WARRANTY OR OTHER TERM OF THIS

LICENSE, REGARDLESS OF WHETHER NORTEL NETWORKS AND/OR

NORTEL NETWORKS’ SUPPLIERS WERE ADVISED, HAD OTHER REASON

TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF.

Restricted Rights. Use, duplication or disclosure by the United States government is

subject to the restrictions as set forth in the Right in Technical Data and Computer

Software Clauses in DFARS 252.227-7013(c) (1) (ii) and FAR 52.227-19(c) (2) as

applicable.

The rights and obligations arising under this License shall be construed in

accordance with the laws of the State of Tennessee. If for any reason a court of

competent jurisdiction finds any provision of this License or portion thereof to be

unenforceable, that provision of the License shall be enforced to the maximum extent

permissible so as to effect the intent of the parties and the remainder of this License

shall continue in full force and effect.

This License constitutes the entire agreement between the parties with respect to the

use of the licensed software and the associated documentation, and supersedes all

prior or contemporaneous understandings or agreements, written or oral, regarding

such subject matter. No amendment to or modification of this License will be binding

unless in writing and signed by a duly authorized representative of NORTEL

NETWORKS.

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