cvc-2.1.3-license

CVC (text/plain), 8.64 KB, created by witr on 2003-06-13 15:03:55 UTC

           END-USER LICENSE AGREEMENT ("AGREEMENT") 
FOR Nortel Networks NA, Inc. ("Nortel Networks") CONTIVITY VPN CLIENTS
         FOR MACINTOSH, LINUX, SOLARIS, AIX AND HP-UX

BY CLICKING ON THE "Install" BUTTON OR TYPING "Y" FOR "YES", YOU
("LICENSEE") ARE CONSENTING TO BE LEGALLY BOUND BY THIS AGREEMENT.  IF
YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT INSTALL OR
USE THIS SOFTWARE.

This Agreement shall govern the use of Nortel Networks Contivity VPN
Client software for Macintosh, Linux, Solaris, AIX and HP-UX and the
accompanying user manuals, on-line help services, web sites and other
instructions (collectively, the "Client Software") provided to the
Licensee under either the DM0021009, DM0021010, DM0021011 or DM0021012
Extranet Access Client Software License ("Use and Distribution
License"). The Client Software provided under this License is
proprietary to Nortel Networks and its suppliers.  This Client
Software License was purchased by Licensee in conjunction with the
purchase of a "Nortel Networks Extranet Access Switch."

LICENSE GRANT.  Licensee is hereby granted a non-exclusive and
non-transferable license to use the Client Software under the
following terms:

- Licensee shall use the Client Software and allow its employees and
  authorized agents to use the Client Software solely in conjunction
  with the work for Licensee, subject to all of the limitations and
  restrictions in this License.

- Licensee shall use the Client Software only in conjunction with
  the Nortel Networks Extranet Access Switch purchased by the
  Licensee.

- Licensee is allowed to install and use the Client Software on the
  number of computers permitted under the associated Use and
  Distribution License .  Licensee may purchase additional licenses
  for additional computers at any time, subject to Nortel Network's
  then current applicable price and terms.

- Licensee, its employees, and its agents may make a reasonable
  number of additional copies of the Client Software only for
  safekeeping (archives) or backup purposes, provided, that all
  copyright notices and proprietary, restricted or limited rights
  legends are reproduced.

- All of the authorized copies of the Client Software, including the
  principal copies and back-up copies, must be kept in the possession
  and under the control of Licensee, its employees and agents.

- Licensee may not modify, translate, adapt, decompile, disassemble,
  decrypt, extract, or otherwise reverse engineer or attempt to
  discover the confidential source and techniques incorporated in the
  Client Software. Licensee may not create derivative software based
  on the Client Software or any trade secret or proprietary
  information of Nortel Networks or its suppliers.

- Nortel Networks and its suppliers retain title to the Client
  Software, all intellectual property rights in the Client Software
  and all copies of the Software (including copies made by Licensee
  under this License).  Nortel Networks and its suppliers reserve all
  rights not expressly granted by this License.

- If this License is for an upgrade from an earlier version of the
  Client Software, the license to the earlier version shall terminate
  automatically without further notice thirty (30) days after the
  Client Software is placed in service under this License.  The
  earlier version of the Client Software shall not be used
  simultaneously with the upgrade.

- Except as otherwise provided above, Licensee shall not provide, or
  otherwise make available, any Client Software, in whole or in part,
  in any form, to any third party.

- Nortel Networks and it suppliers shall have the right to enforce
  the provisions of this license against Licensee.

EXPORT COMPLIANCE.  Licensee agrees not to export, directly or
indirectly, any Products, Software, Software Release, or related
technical data or information without first obtaining any required
export 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 first obtaining all
export licenses and approvals required by the United States
government, (i) export, re-export, transfer, or divert any such Client
Software, Client Software Release, or technical data, or any direct
product thereof, to any country to which such exports or re-exports
are restricted or embargoed under United States export control laws
and regulations, or to any national or resident of such restricted or
embargoed countries, or (ii) provide any Product, Client Software,
Client Software Release or related technical data or information to
any military end user or for any military end use, including the
design, development, or production of any chemical, nuclear, or
biological weapons.

Federal Government.  This Client Software is Commercial Computer
Software under Federal Government Acquisition Regulations and agency
supplements to them.  The Client Software is provided to the Federal
Government and its agencies only under the Restricted Rights
Provisions of the Federal Acquisition Regulations applicable to
Commercial Computer Software developed at private expense and not in
the public domain.  If this product is licensed by a DoD agency, such
agency's rights in this product are governed by the restrictions in
the Technical Data - Commercial Items clause at DFARS 252.227-7015 and
DFARS 227.7202 or any successor regulation.  If this product is
licensed by any other agency or instrumentality of the United States
of America, use, duplication and disclosure are subject to restriction
as set forth in subparagraphs (a)- (d) of the rights in Technical Data
and Computer Software clause at FAR 52.227-19 or any successor
regulation.

LIMITED WARRANTY. Nortel Networks and its suppliers warrant that, for
ninety (90) days after Licensee first purchases the Client Software
License (the "warranty period"), (i) the Client Software will
substantially operate as stated in the user documentation provided
with the Client Software and (ii) the Software media will be
substantially free from defects.  This limited warranty does not cover
anything caused by accident of abuse or by use of the Client Software
other than for its reasonably intended purposes and as recommended in
the accompanying user documentation.  Also, Nortel Networks and its
suppliers do not warrant that the operation of the Client Software
will be uninterrupted or error free.

EXCEPT AS STATED IN THE LIMITED WARRANTY CLAUSE, NORTEL NETWORKS AND
ITS SUPPLIERS DO NOT MAKE ANY WARRANTIES.  IN PARTICULAR, NORTEL
NETWORKS AND ITS SUPPLIERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.  THE DURATION OF ANY IMPLIED WARRANTY
THAT IS NOT DISCLAIMED EFFECTIVELY WILL BE LIMITED TO THE NINETY (90)
DAY WARRANTY PERIOD.

BREACH OF WARRANTY.  If, during the Warranty Period, Licensee reports
any breach of warranty to Nortel Networks, as provided under the
LIMITED WARRANTY CLAUSE, and Nortel Networks and its suppliers are
reasonably able to verify that breach, Nortel Networks and its
suppliers will, at their option, either (i) correct or replace the
Client Software or media, (ii) help Licensee work around or avoid the
problem or (iii) allow Licensee to return the Client Software, all
accompanying documentation and all other accompanying written
materials in the original packaging for a full refund.  If Licensee
returns the Client Software for a refund, Licensee may not retain or
use the Client Software, and Licensee must immediately destroy all
back-up copies and any other copies of the Client Software in its
possession or control.

RIGHTS OR REMEDIES.  THE REMEDIES STATED IN THE BREACH OF WARRANTY
CLAUSE ARE LICENSEE'S ONLY RIGHTS OR REMEDIES, AND WILL BE NORTEL
NETWORKS' AND ITS SUPPLIERS' ONLY LIABILITY OR OBLIGATION, FOR ANY
BREACH BY NORTEL NETWORKS OR ITS SUPPLIERS OF ANY WARRANTY.

CONSEQUENTIAL DAMAGES; LIMITATION OF LIABILITY.  NEITHER NORTEL
NETWORKS NOR ITS AFFILIATES NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOSS OF
DATA OR INFORMATION OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH
THE CLIENT SOFTWARE OR ITS USE OR THIS LICENSE, EVEN IF NORTEL
NETWORKS OR ITS AFFILIATES OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL NORTEL NETWORKS' OR ITS
AFFILIATES' OR ITS SUPPLIERS' LIABILITY FOR ANY CLAIM RELATING TO THE
CLIENT SOFTWARE OR ITS USE OR THIS LICENSE, WHETHER IN CONTRACT, TORT
OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY
LICENSEE.

(c) 2002, Nortel Networks NA, Inc. and its suppliers. All rights
reserved.