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combinations that the Licensee may select, c) that the operation of the Software will be
uninterrupted or error free, or d) that all defects in the operation of the Software will be
corrected. Nortel Networks is not obligated to remedy any Software defect that cannot be
reproduced 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. THE FOREGOING
WARRANTIES AND LIMITATIONS ARE EXCLUSIVE REMEDIES AND ARE IN LIEU
OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. Licensee is responsible for the security of its own data and
information and for maintaining adequate procedures apart from the Software to reconstruct lost
or altered files, data, or programs.
4. Limitation of liability. IN NO EVENT WILL NORTEL NETWORKS OR ITS
LICENSORS BE LIABLE FOR ANY COST OF SUBSTITUTE PROCUREMENT; SPECIAL,
INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; OR ANY DAMAGES
RESULTING FROM INACCURATE OR LOST DATA OR LOSS OF USE OR PROFITS
ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE
SOFTWARE, EVEN IF NORTEL NETWORKS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF
NORTEL NETWORKS RELATING TO THE SOFTWARE OR THIS AGREEMENT
EXCEED 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 or on behalf of the United States Government. The Software and
documentation are commercial products, licensed on the open 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, or
disclosure by the U.S. Government is subject to the restrictions set forth in subparagraph (c)(1)
of the Commercial Computer Software––Restricted Rights clause of FAR 52.227-19 and the
limitations set out in this license for civilian agencies, and subparagraph (c)(1)(ii) of the Rights
in Technical Data and Computer Software clause of DFARS 252.227-7013, for agencies of the
Department of Defense or their successors, whichever is applicable.
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