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. Avaya 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 Avaya 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 Avaya. In the event of a refund,
the License shall terminate.
3. DISCLAIMER OF WARRANTIES. Avaya makes NO WARRANTY, REPRESENTATION OR
PROMISE NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. Avaya DISCLAIMS AND
EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. Avaya 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 AVAYA’S NEGLIGENCE,
AVAYA’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. AVAYA SHALL NOT IN ANY CASE BE
LIABLE FOR ANY SPECIAL INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE
DAMAGES EVEN IF AVAYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AVAYA 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
Avaya and may be amended only in a writing or writings signed by You and Avaya. 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.
4. U.S. Government Restricted Rights. Use, duplication, or disclosure by the United States Government is
subject to restrictions as set forth in FAR 52.227-14 (June 1987) Alternate III (g)(3) (June 1987), FAR
52.227-19 (June 1987), or DFARS 52.227-7013 (c)(1)(ii) (June 1988), as applicable
Contractor/Manufacturer is Avaya Inc., 11900 North Pecos Street, Westminster, Colorado 80234.
Comentários a estes Manuais