PLEASE READ THE FOLLOWING LICENSE TERMS CAREFULLY. YOU MUST ACCEPT THESE LICENSE TERMS IN ORDER TO DOWNLOAD AND USE THE SOFTWARE. YOUR DOWNLOADING AND USE OF THE SOFTWARE CONSTITUTES YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT AS SET FORTH IN THE NORTEL NETWORKS COPYRIGHT NOTICE AND TERMS OF USE.

The Software is licensed not sold. Nortel Networks grants you a license for the Software only in the country where you acquired the Software. You obtain no rights other than those granted you under this license. Nortel Networks owns or has licensed from the owner copyrights in the Software. You are responsible for the selection of the Software and for the installation of, use of, and results obtained from, the Software.

1. License

Nortel Networks grants you a nonexclusive license to use Software on only one machine at any one time or to the extent of the activation or authorized usage level; whichever is applicable. To the extent Software is furnished for use with designated Hardware, you are granted a nonexclusive license to use Software only on such Hardware. Software contains trade secrets and you agree to treat Software as confidential information. you will ensure that anyone who uses the Software does so only in compliance with the terms of this Agreement. you shall not a) use, copy, modify, transfer or distribute the Software except as expressly authorized; b) reverse assemble, reverse compile, reverse engineer or otherwise translate the Software; c) create derivative works or modifications unless expressly authorized; or d) sublicense, rent or lease the Software. Licensors of intellectual property to Nortel Networks are beneficiaries of this provision. Upon termination of the license for any reason, you will promptly return the Software to Nortel Networks or certify its destruction. Nortel Networks may audit by remote polling or other reasonable means to determine Software activation or usage levels.

2. Warranty

The Software is provided "AS IS" without any warranties (conditions) of any kind. NORTEL NETWORKS DISCLAIMS ALL WARRANTIES (CONDITIONS) FOR THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. Nortel Networks is not obligated to provide support of any kind for the Software. Some jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not apply to you.

3. Limitation of Remedies

In no event will Nortel Networks or any of its suppliers or agents be liable for any direct, special, incidental, punitive, indirect or consequential damages, lost profits or lost savings, and whether in contract, tort or otherwise (including negligence), arising out of your use of the Software, even if Nortel Networks or its suppliers have been advised of the possibility of such damages. In addition, Nortel Networks will not be liable for any damages claimed by you based on any third-party claim.

The above limitations of remedies also apply to any developer and/or supplier of the Software. Such developer and/or supplier is an intended beneficiary of this Section.

Some jurisdictions do not allow these limitations or exclusions, so they may not apply to you.

4. General

You may terminate your license at any time. Nortel Networks may terminate your license if you fail to comply with the terms and conditions of this license. In either event, you must either return the Software or certify its destruction.

You are responsible for payment of any taxes, including personal property taxes, resulting from your use of the Software.

Neither party may bring an action, regardless of form, more than two years after the cause of the action arose.

If you acquire the Software in the United States, this license is governed by the laws of the State of New York. If you acquired the Software in Canada, this license is governed by the laws of the Province of Ontario. Otherwise, this license is governed by the laws of the country in which you acquired the Software.