Avaya R2 Installationsanleitung PDF herunterladen (Seite 5)

License Agreement

LIMITED WARRANTY AND LIMITED LIABILITY

1. Compatibility. The Software is only compatible with certain computers and operating systems.

THE SOFTWARE IS NOT WARRANTED FOR INCOMPATIBLE SYSTEMS.

2. Software. Lucent warrants that if the Software fails to substantially conform to the specifications

in the Documentations and if the Software is returned to the place from which it was purchased

within one (1) year from the date purchased, then Lucent will either replace the Software or offer

to refund the License Fee to You upon return of all copies of the Software and Documentation to

Lucent. In the event of a refund, the License shall terminate.

3. DISCLAIMER OF WARRANTIES. Lucent makes NO WARRANTY, REPRESENTATION OR

PROMISE NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. LUCENT DISCLAIMS AND

EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS

FOR A PARTICULAR PURPOSE. LUCENT DOES NOT WARRANT THAT THE Software OR

DOCUMENTATION WILL SATISFY YOUR REQUIREMENTS OR THAT THE Software OR

DOCUMENTATION ARE WITHOUT DEFECT OR ERROR OR THAT THE OPERATION OF

THE SOFTWARE WILL BE UNINTERRUPTED. Some states or countries do not allow the

exclusion of implied warranties or limitations on how long an implied warranty lasts, so the above

limitation may not apply to You. This warranty gives You specific legal rights which vary from

state to state.

4. EXCLUSIVE REMEDY. EXCEPT FOR BODILY INJURY CAUSED BY LUCENT’S

NEGLIGENCE, LUCENT’S ENTIRE LIABILITY ARISING FROM OR RELATING TO THIS

AGREEMENT OR THE Software OR DOCUMENTATION AND YOUR EXCLUSIVE REMEDY IS

LIMITED TO DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED $10,000. LUCENT SHALL

NOT IN ANY CASE BE LIABLE FOR ANY SPECIAL INCIDENTAL, CONSEQUENTIAL,

INDIRECT OR PUNITIVE DAMAGES EVEN IF LUCENT HAS BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES. LUCENT IS NOT RESPONSIBLE FOR LOST PROFITS

OR REVENUE, LOSS OF USE OF THE Software, LOSS OF DATA, COSTS OF RECREATING

LOST DATA, THE COST OF ANY SUBSTITUTE EQUIPMENT OR PROGRAM, OR CLAIMS BY

ANY PARTY OTHER THAN YOU. Some states or countries do not allow the exclusion or

limitation of incidental or consequential damages, so the above limitation or exclusion may not

apply to You.

GENERAL CONDITIONS

1. Governing Law. This Agreement shall be governed by, and interpreted in accordance with, the

substantive laws of the State of New Jersey of the United States of America.

2. Entire Agreement. This Agreement sets forth the entire understanding and agreement between

You and Lucent and may be amended only in a writing or writings signed by You and Lucent. NO

VENDOR, DISTRIBUTOR, DEALER, RETAILER, SALES PERSON OR OTHER PERSON IS

AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY WARRANTY,

REPRESENTATION OR PROMISE WHICH IS DIFFERENT THAN, OR IN ADDITION TO, THE

REPRESENTATIONS OR PROMISES OF THIS AGREEMENT ABOUT THE SOFTWARE.

3. Export. Licensee hereby agrees that it will not knowingly, directly or indirectly, without prior

written consent, if required, of the Office of Export Licensing of the U.S. Department of

Commerce, Washington D.C. 20230, export or transmit any of the Products to any group Q, S,

W, Y, or Z country specified in the Export Administration Regulations issued by the U.S.

Department of Commerce or to any country which such transmission is restricted by applicable

regulations or statutes.

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