Nokia IP500 Series Installation Manual page 138

C
Warranty and Software License
3.3 Exclusions. The above warranty does not apply if the Software or the equipment on which it resides (1) has
been altered, except as authorized by Nokia, (2) has not been installed, operated, repaired or maintained in
accordance with any installation, handling, maintenance or operating instructions supplied by Nokia, (3) has been
subjected to unusual physical or electrical stress, misuse, negligence or accident, (4) has been used in ultra-
hazardous activities, or (5) has been used in such a way that Nokia cannot reasonably reproduce the Software error.
Furthermore, the above warranty does not apply to any portion of the product supplied by a third party. In no event
does Nokia warrant that the Software is error-free or that the Customer will be able to operate it without problems or
service interruptions.
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.
4.
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.
5.
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.
6.
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.
7.
FORCE MAJEURE. Nokia shall not be liable for any delay or failure in performance whatsoever due to reasons
beyond its reasonable control.
8.
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.
9.
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
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