Appendix D: Warranty and Software License
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IP700 Series Installation Guide
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 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".
10.
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.
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