Instructions

End-User Software License Agreement
Stellar AP User Guide
ALCATEL-LUCENT ENTERPRISE 119
a. Specific Disclaimer for High Risk Activities: The Software are not designed or intended for use in high-
risk activities, including, without limitation, nuclear facilities, aircraft navigation or aircraft
communication systems, air traffic control, direct life support machines, or weapons systems, in which the
failure of the Components could lead directly to death, personal injury, or severe physical or
environmental damage ("High Risk Activities"). Licensor and its suppliers and/or authorized representatives
specifically disclaim any express or implied warranty of fitness for High Risk Activities.
5. Limitation of Liability. Licensor's cumulative liability to Licensee or any other party for any loss or
damages resulting from any claims, demands, or actions arising out of or relating to this License Agreement
shall not exceed the license fee paid to LICENSOR for the Licensed Materials. IN NO EVENT SHALL LICENSOR
AND ITS SUPPLIERS AND/OR AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR INTERRUPTION OR COMPUTER FAILURE OR MALFUNCTION OR LOSS OF PROFITS OR REVENUES,
GOODWILL, INFORMATION OR DATA, OR ANY OTHER PECUNIARY LOSS, WHATSOEVER, HOWEVER CAUSED
AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE), ARISING IN ANY WAY OUT OF THE USE OR MISUSE OF THE LICENSED
MATERIALS, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION TO INCIDENTAL OR CONSEQUENTIAL DAMAGES MAY NOT APPLY TO LICENSEE.
6. Taxes and Duties. Licensee will be responsible to pay any sales, use, value added, consumption or goods
and services tax, import duties, or any other taxes or charges which may be applicable to this product or
license.
7. Export Control. This product is subject to the jurisdiction of the United States. Licensee may not export
or re-export the Licensed Materials, without complying with all United States export laws and regulations,
including but not limited to (i) obtaining prior authorization from the U.S. Department of Commerce if a
validated export license is required, and (ii) obtaining "written assurances" from licensees, if required.
8. Support and Maintenance. Except as may be provided in a separate agreement between Licensor and
Licensee, if any, Licensor is under no obligation to maintain or support the copies of the Licensed Materials
made and distributed hereunder and Licensor has no obligation to furnish Licensee with any further
assistance, documentation or information of any nature or kind.
9. Term. This License Agreement is effective upon Licensee installing or downloading the Software and
shall continue until terminated. Licensee may terminate this License Agreement at any time by returning
the Licensed Materials and all copies thereof and extracts therefrom to Licensor and certifying to Licensor
in writing that all Licensed Materials and all copies thereof and extracts therefrom have been returned or
erased by the memory of Licensee's computer or made non-readable. Licensor may terminate this License
Agreement upon the breach by Licensee of any term hereof. Upon such termination by Licensor, Licensee
agrees to return to Licensor or destroy the Licensed Materials and all copies and portions thereof.
10. Governing Law. This License Agreement shall be construed and governed in accordance with the laws of
the State of California and controlling U.S. federal law. No choice of law rules of any jurisdiction will
apply.
11. Severability. Should any term of this License Agreement be declared void or unenforceable by any court
of competent jurisdiction, this Agreement will remain in effect with the term omitted, unless omission
would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
12. No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against
the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to
subsequent enforcement of rights or subsequent actions in the event of future breaches.