Copyright © 2000 Nortel Networks, Inc.
All rights reserved. November 2000.
The information in this document is subject to change without notice. The statements, configurations, technical data, and recommendations in this document are believed to be accurate and reliable, but are presented without express or implied warranty. Users must take full responsibility for their applications of any products specified in this document. The information in this document is proprietary to Nortel Networks, Inc.
The software described in this document is furnished under a license agreement and may only be used in accordance with the terms of that license. A summary of the Software License is included in this document.
Quick2Config, Marathon, Passport, and Nortel Networks are registered trademarks and are trademarks of Nortel Networks, Inc.
Microsoft, MS, MS-DOS, Win32, Windows, and Windows NT are registered trademarks of Microsoft Corporation.
All other trademarks and registered trademarks are the property of their respective owners.
Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013.
Notwithstanding any other license agreement that may pertain to, or accompany the delivery of, this computer software, the rights of the United States Government regarding its use, reproduction, and disclosure are as set forth in the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19.
In the interest of improving internal design, operational function, and/or reliability, Nortel Networks, Inc. reserves the right to make changes to the products described in this document without notice.
Nortel Networks, Inc. does not assume any liability that may occur due to the use or application of the product(s) or circuit layout(s) described herein.
Portions of the code in this software product may be Copyright © 2000, Regents of the University of California. All rights reserved. Redistribution and use in source and binary forms of such portions are permitted, provided that the above copyright notice and this paragraph are duplicated in all such forms and that any documentation, advertising materials, and other materials related to such distribution and use acknowledge that such portions of the software were developed by the University of California, Berkeley. The name of the University may not be used to endorse or promote products derived from such portions of the software without specific prior written permission.
SUCH PORTIONS OF THE SOFTWARE ARE PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
In addition, the program and information contained herein are licensed only pursuant to a license agreement that contains restrictions on use and disclosure (that may incorporate by reference certain limitations and notices imposed by third parties).
This product conforms (or these products conform) to the provisions of Council Directive 89/336/EEC and 73/23/EEC. The Declaration of Conformity is available at Nortel Networks, 4100 Guardian Street Simi Valley, CA 93065 attention: Regulatory Department.
Nortel's entire liability and Customer's exclusive remedies are as follows: Nortel shall (i) use commercially reasonable efforts to correct any failure of the software program, of which it is given written notice by Customer during the Warranty Period, to perform substantially in accordance with the documentation, provided such failure can be recreated by Nortel in an unmodified version of the software program, or if Nortel is unable to correct such failure the software program and documentation may be returned and the license fee paid will be refunded, or (ii) replace any diskette not meeting Nortel's "Limited Warranty" or, if Nortel is unable to deliver a replacement diskette which is free from defects in materials or workmanship, the software program and documentation may be returned and the license fee paid will be refunded.
IN NO EVENT WILL NORTEL OR ITS SUPPLIERS BE LIABLE TO CUSTOMER FOR ANY LOST PROFILES, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM EVEN IF NORTEL HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THE LIABILITY OF NORTEL, IF ANY, FOR DAMAGES RELATING TO ANY NORTEL SOFTWARE PRODUCT SHALL BE LIMITED TO THE ACTUAL AMOUNTS PAID BY CUSTOMER FOR SUCH SOFTWARE PRODUCT.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATION MAY NOT APPLY.
THIS LICENSE AGREEMENT ("License") BETWEEN CUSTOMER AND NORTEL NETWORKS GOVERNS CUSTOMER'S USE OF PASSPORT SOFTWARE DELIVERED BY NORTEL NETWORKS FOR USE WITH PASSPORT HARDWARE AS ORDERED BY CUSTOMER UNDER THE AGREEMENT FOR PURCHASE AND LICENSE OF NORTEL NETWORKS PRODUCTS AND SERVICES ("Agreement") TO WHICH THIS ADDENDUM IS ATTACHED AND FORMS A PART.
Subject to the terms hereinafter set forth, Nortel Networks grants to Customer and/or its representatives, with a "need to know," a personal, non-exclusive license (1) to use the Software, proprietary to Nortel Networks or its suppliers and (2) to use the associated documentation. Customer is granted no title or ownership rights, in or to the Software, in whole or in part, and Customer acknowledges that title to and all copyrights, patents, trade secrets and/or any other intellectual property rights to and in all such Software and associated documentation are and shall remain the property of Nortel Networks and/or Nortel Networks' suppliers. The right to use Software is restricted to the Nortel Networks Passport Hardware with which the Software is delivered and may be restricted by a measure of usage of applications based upon number of lines, number of ports, number of terminal numbers assigned, number of users, or some similar measure. Expansion beyond the specified usage level may require payment of an incremental charge or another license fee.
Nortel Networks considers the Software to contain "trade secrets" of Nortel Networks and/or its suppliers. Such "trade secrets" include, without limitation thereto, the specific design, structure and logic of individual Software programs, their interactions with other portions of Software, both internal and external, and the programming techniques employed therein. In order to maintain the "trade secret" status of the information contained within the Software, the Software is being delivered to Customer in object code form only.
Nortel Networks or any of its suppliers holding any intellectual property rights in any Software, and/or any third party owning any intellectual property rights in software from which the Software was derived, are intended third party beneficiaries of this License. All grants of rights to use intellectual property intended to be accomplished by this License are explicitly stated. No other grants of such rights shall be inferred or shall arise by implication.
Customer warrants to Nortel Networks that Customer is not purchasing the rights granted by this License in anticipation of reselling those rights.
Customer may assign collectively its rights under this License to any subsequent owner of the associated hardware, but not otherwise, subject to the payment of the then current license fee for new users, if any. No such assignment shall be valid until Customer (1) has delegated all of its obligations under this License to the assignee; and (2) has obtained from the assignee an unconditional written assumption of all such obligations; and (3) has provided Nortel Networks a copy of such assignment, delegation and assumption; and (4) has transferred physical possession of all Software and all associated documentation to the assignee and destroyed all archival copies. Except as provided, neither this License nor any rights acquired by Customer through this License are assignable. Any attempted assignment of rights and/or transfer of Software not specifically allowed shall be void and conclusively presumed a material breach of this License.
If Nortel Networks (i) claims a material breach of this License, and (ii) provides written notice of such claimed material breach to Customer and (iii) observes that such claimed material breach remains uncorrected and/or unmitigated more than thirty (30) days following Customer's receipt of written notice specifying in reasonable detail the nature of the claimed material breach, then Customer acknowledges that this License may be immediately terminated by Nortel Networks and Customer further acknowledges that any such termination shall be without prejudice to any other rights and remedies that Nortel Networks may have at law or in equity.
THE EXPRESS LIMITED WARRANTIES FOR THE SOFTWARE ARE SOLELY THOSE LIMITED WARRANTIES GRANTED TO CUSTOMER BY NORTEL NETWORKS IN THE MAIN BODY OF THE AGREEMENT TO WHICH THIS LICENSE IS ATTACHED. THIS LICENSE DOES NOT CONFER ANY WARRANTY TO CUSTOMER FROM OR BY NORTEL NETWORKS.
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 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.
THE RIGHTS AND OBLIGATIONS ARISING UNDER THIS LICENSE SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA EXCEPT FOR ITS RULES CONCERNING THE CONFLICT OF LAWS.