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<br />....... ntltthCllM <br />I " tclccum <br /> <br />BREACH OF ANY WARRA!'o"TY OR OTHER TERM OF THIS <br />LICENSE, REGARDLESS OF WHETHER l'<'TI AND/OR NTI'S. <br />SUPPLIERS WERE ADVISED, HAD OTHER REASON TO KNOW, <br />OR IN FACT KNEW OFTHE POSSIBILITY THEREOF. CUSTO~fER <br />ACKJ'mWLEDGES 1llAT THE FOREGOL'lG SENTENCE REnECTS <br />AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE <br />PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY <br />EXIST IN CONNECTION WITH THIS LICENSE, THAT SUCH <br />VOLUNTARY RlSKALLOCATION WAS A MATERIAL PART OF <br />THE BARGAIN BETWEEN THE PAKTIES, AND THAT THE <br />ECONOMIC AND OTHER TERMS OF THIS LICENSE WERE <br />NEGOTIATED AND AGREED TO BY THE PARTIES IN RELIANCE <br />ON SUCH VOLUNTARY RISK ALLOCATION. <br />IN THE EVENT CUSTOMER HAS NOT EXECUTED A SEPARATE <br />PURCHASE AGREEMEI'l"T WITH A DISTRIBUTOR, AND THIS <br />LlCENSE BECOMES EFFECTIVE BY REASON OF YOUR OPENING <br />A SEALED DISK PACKAGE, THE ADDITIONAL WARRANTY <br />PROVISIONSAl'<'D LIMITATIONS LISTED BELOW APPLY: <br />. "LICENSED SOFTWARE" SHALL MEAN THE COMPUTER <br />PROGRAMS WHICH ARE EITHER OWNED BY OR LICENSED <br />TO NTI AND WHICH ARE CONTAINED ON THE DISKS <br />SUPPLIED TO CUSTOMER. "HARDWARE" SHALL MEAN <br />EQUIPMENT ON WHICH CUSTOMER USES THE LICENSED <br />SOFTWARE. <br />. NT! WARRANTS 1llAT THE DISKS ON WHICH THE LICENSED <br />SOFTWARE IS RECORDED WILL BE FREE FROM DEFECTS IN <br />MATERIALS AND WORKMANSHIP U!'o'DER NORMAL USE FOR <br />A PERIOD OF NINETY (90) DA YS AS EVIDENCED BY A COPY <br />OF THE' RECEIPT. l'<'TI'S ENTIRE LIABILITY AND YOUR <br />EXCLUSIVE REMEDY WILL BE REPLACEMENT OF THE DISK <br />NOT MEETING NTI'S LIMITED WARRANTY A!\I'D WHICH IS <br />RETURNED TO NTI OR AN NTI AUTHORIZED <br /> <br />REPRESEIII'TATIYE WITH A COpy OFTHE RECEIPT. NTI WILL <br />HA VE NO RESPONSIBILITY TO REPLACE A DISK DAMAGtD <br />BY ACCIDEIII'T, ABUSE OR ~nSAPPLICATION. <br /> <br />, IN PARTICULAR, NO WARRANTY IS BEING PROVIDED ON <br />SOFTWARE DEVELOPED BY THIRD PARTY SOFTWARE <br />SUPPLIERS. SUCH SOFTWARE SUPPLIERS MAKE NO <br />WARRANTIES, EXnESS OR tMPLlED,lNCt.UDtNG WITHOUT <br />LIMITATION THE IMPLIED WARRANTIES OF <br />MERCHANTABILITY AND FlTNESS FOR A PARTICULAR <br />PURPOSE, REGARDINGTHE.SOF'T\VARE. NTI'S SOFTWARE <br />SUPPLIERS DO NOT W ARRAI'I'T, GUARANTEE OR MAKE ANY <br />REPRESE1'iTATlONS REGARDINGTHEiUSE ORiTHERESUL TS <br />OF THE USE OF THE SOFTWARE IN TERMS.OF ITS <br />CORRECTNESS, ACCt..rRACY, RELIABILITY, OR OTHERWISE. <br />THE E~'TlRE RISKASTOTHERESULTS AND PERFORMANCE <br />OF ANY SUCH SOFTWARE DEVELOPED BY SOFTWARE <br />SUPPLIERS IS ASSUMED BY YOU. THE EXCLUSION OF <br />IMPLIED WARRANTIES IS NOT PERMITTED BY SOME <br />JURISDICTIONS. THE ABOVE EXCLUSION MAY NOT APPLY <br />TO YOU. <br /> <br />. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE <br />EXCLUSION OR LIMITATION OF LIABtLlTY FOR <br />CONSEQUENTIAL OR INClDE~'TAL DAMAGES, THE ABOVE <br />LIMITATIONS MAY NOT APPLY TO YOU, NTI'S AND NTI'S <br />SOFTWARE SUPPLlEKS COMBINED LIABILITY TO YOU FOR <br />ACTUAL DAMAGES FROM ANY CAUSE WHATSOEVER, AND <br />REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN <br />CONTRACT, TORT (INCLUDING NEGLIG.ENCE), PRODUCT <br />LIABILITY OR OTHERWISE), WD..L BE Ll~mED TO $SO. <br /> <br />THE RIGHTS A!'o'D OBLIGATIONS ARISING UNDER THIS <br />LICENSE SHALL BE CONSTRUED IN ACCORDANCE WITH THE <br />LA W OF THE STATE OF TEXAS. <br /> <br />! <br /> <br />CUSTOMER HEREBY AGREES TO ADHERE TO THE TERi\1S AND <br />CONDITIONS OF THIS MERIDIAN SOFTWARE LICENSE AGREEMENT: <br /> <br /> <br />:::::E:ER N:~:~A TU~~~~!;~~~!:t~=~~-! <br /> <br />DATE: <br /> <br />--------Jf~$J~-------------------------------~- <br /> <br />NORTHERN TELECOM INC. <br /> <br />(jJ(att- <br /> <br />Rick P, Faletti <br />President, Multimedia Communication Systems <br />Northern Telecom IDC. <br /> <br />Mtridi~ SoftWllft UCtmt FORM 05-LEG.1021 9195 <br />Northtl'1l TtlKom IDe;. ProducU <br />