Use of this software is subject to this License Agreement. If you agree to this License and wish to use the software, please click the "Accept" button. If you do not agree, please click the "Decline" button, and the installation process will not continue.Copyright 2001, Lucent Technologies, Inc.
Use of this Software is subject to following license terms.
Lucent grants you a non-exclusive license to use the Software free of charge. If you use the Software under this no-charge grant, you are not entitled to receive telephone assistance or additional revisions of the Software. Disclaimer of Warranty. The Software is provided "AS IS" without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality, suitability, and performance of the Software is borne by you, and you assume the entire cost of any service and repair related to the Software. This disclaimer constitutes an essential part of this Agreement. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.
Subject to the foregoing, Lucent grants you a non-exclusive license to use the Software and Documentation as described in "Scope of Grant" for any personal or commercial purpose, including use on behalf of a company or business. Lucent does not warrant that your use of the Software will be uninterrupted or that the Software is error-free or secure, or that every "bug" in the Software will be fixed.
Scope of Grant. You may: use the Software on a single computer; use the Software on a network, provided that each person accessing the Software through the network has a license to the Software; use the Software on a second computer so long as only one copy is used at a time; and copy the Software for archival purposes, provided any copy must contain all of the original Software's proprietary notices. You are expressly prohibited from: permitting other individuals to use the Software except under the terms above; permitting concurrent use of the Software; modifying, translating, reverse engineering, decompiling, disassembling (except to the extent applicable laws specifically prohibit such restriction), or operating the Software or using the Documentation for any competitive analysis of the Software or to create any software with similar functionality, or to create derivative works based on the Software or the Documentation; copying the Software or the Documentation other than as specified above; renting, leasing, granting a security interest in, or otherwise transfering rights to the Software; or removing any proprietary notices or labels on the Software
Title. The Software is protected by copyright laws and treaties. Lucent and its licensers retain all title and ownership in the Software and Documentation, including any revisions.
Termination. The license will terminate automatically if you fail to comply with this Agreement. In such event, you must destroy all copies of the Software and Documentation.
Export Controls. You are responsible for complying with U.S. export laws and regulations respecting the Software. None of the Software or underlying information or technology may be downloaded by or otherwise exported or reexported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading, installing or using the Software, you are agreeing to the foregoing and you are representing that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Limitation of Liability. IN NO EVENT SHALL LUCENT OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF PROFITS OR DATA, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. U.S. GOVERNMENT.
Restricted Rights. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR S2.227-19 when applicable, or in subparagraph (c) (1)(II) of the Rights in Technical Data and computer
Software clause at DFARS 252.227-7013,or at 252.211-7015, or to Lucent ' standard commercial license, as applicable, and in similar clauses in the NASA FAR Supplement.
High-Risk Activities. The Software is not designed, or intended for use, as on-line control equipment in hazardous environments, such as in the operation of nuclear facilities, aircraft navigation, or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead to death, personal injury, or physical or environmental damage ("High Risk Activities"). Lucent and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
Miscellaneous. If the copy of the Software you received as accompanied by a printed or other form of License Agreement from Lucent with terms which vary from this Agreement, then the former governs your use of the Software. You acknowledge that you understand that, in order to improve your quality of service, the Software may from time to time upload data regarding the computing environment's performance, service level and related data, but will not disclose the identity of its user.
This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE BY LUCENT OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY CONDITIONED ON YOUR ASSENT TO THE TERMS, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, that provision shall be reformed only to the extent necessary to make it enforceable. This Agreement is governed by California law (except for conflict of law provisions). The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
