Nokia IP740 Installation Guide - Page 172

Appendix D: Warranty and Software License 4. 5. 6. 7. 8. 9. 10. 3.4 DISCLAIMER. THE WARRANTY ABOVE IS IN LIEU OF, AND NOKIA DISCLAIMS, ALL OTHER WARRANTIES AND CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, NON-INTERRUPTION OF USE, FREEDOM FROM BUGS OR OTHERWISE. NO DEALER OR RESELLER IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY. NOKIA SPECIFICALLY DISCLAIMS ANY WARRANTY FOR THIRD PARTY SOFTWARE SUPPLIED WITH THE PRODUCT. LIMITATION OF LIABILITY. IN NO EVENT WILL NOKIA, ITS SUPPLIERS OR RESELLERS BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER THEORY FOR DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT OR DATA), WHETHER OR NOT THEY BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. IN THE EVENT THAT ANY EXCLUSION CONTAINED HEREIN SHALL BEHELD TO BE INVALID FOR ANY REASON AND NOKIA BECOMES LIABLE FOR LOSS OR DAMAGE THAT MAY LAWFULLY BE LIMITED, SUCH LIABILITY SHALL BE LIMITED TO THE PURCHASE PRICE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITIES OR DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CUSTOMER BY LAW. EXPORT RESTRICTIONS. Customer shall not export or transmit, directly or indirectly, the Software or any technical data (including processes and services) received from Nokia, nor the direct product thereof, outside of the United States without prior authorization of the U.S. Government if such authorization is required. Customer shall obtain all licenses, permits and approvals required by any government. Customer agrees to comply with all export laws, rules, policies, procedures, restrictions and regulations of the Department of Commerce or other United States or foreign agency or authority, and not to export, or allow the export or reexport of any goods in violation of any such restrictions, laws or regulations. Customer will indemnify and hold harmless Nokia for any violation or alleged violation by Customer of such laws, rules, policies, procedures, restrictions or regulations. CONFIDENTIAL INFORMATION. Customer agrees that aspects of the Software and documentation, including the specific design and structure of individual programs and the composition of the whole, constitute trade secrets and/or copyrighted material of Nokia. Customer shall not itself, nor shall Customer permit others to, disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior consent of Nokia. Customer agrees to implement reasonable security measures to protect such trade secrets and copyrighted material. The obligations of confidentiality shall not apply to information, which has entered the public domain except where such entry is the result of Customer's breach of this Agreement. FORCE MAJEURE. Nokia shall not be liable for any delay or failure in performance whatsoever due to reasons beyond its reasonable control. TERM AND TERMINATION. This Agreement is effective until terminated. The license to the Software granted by Nokia will terminate upon any attempt by Customer to transfer or assign the Software, this Agreement or any rights or obligations hereunder without Nokia's prior written consent. In addition, Nokia may terminate this Agreement effective fifteen (15) days following the giving of written notice to Customer upon the occurrence of Customer's failure to perform any of its existing or future obligations hereunder if such breach shall remain uncured. Upon termination, Customer shall cease all use of the Software and shall destroy or return to Nokia the original(s) and all copies of the Software and documentation made or furnished hereunder. Customer may terminate the License at any time by destroying all copies of the Software and documentation. The provisions of Sections 2, 4, 6, 9, and 10 shall survive any termination. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California and the United States without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. To the extent permitted by law, the parties waive any and all rights, privileges and obligations which may derive from any codification of the body of law generally referred to as the "Uniform Commercial Code". MISCELLANEOUS. No waiver of rights under this Agreement by either party shall constitute a subsequent waiver of this or any other right under this Agreement. In the event that any of the terms of this Agreement become or are declared to be illegal by any Court of competent jurisdiction, such term(s) shall be null and void and shall be deemed deleted from this Agreement. All remaining terms of this Agreement shall remain in full force and effect. In the event of a breach of this Agreement, the breaching party shall pay to the other party any reasonable attorneys' fees and other costs and expenses incurred by the non-breaching party in connection with the enforcement of any provisions of this Agreement. 172 IP700 Series Installation Guide