Limited Warranty and Limited Liability
Compatibility. The client software is only compatible with certain computers and operating systems. The software
is not warranted for noncompatible systems.
Software. Avaya warrants that if the client software fails to substantially conform to the specifications in the
documentation and if the client 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 client software or offer to refund the license fee to you
upon return of all copies of the client software and documentation to Avaya. In the event of a refund, the license
shall terminate.
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 client software or documentation will satisfy your
requirements or that the client 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.
Exclusive Remedy. Except for bodily injury caused by Avaya's negligence, Avaya's entire liability arising from or
relating to this agreement or the client 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 client 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
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.
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.
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 statues.
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.
Assignment. Avaya may without your consent or notice to you, assign this agreement to an entity to which it
transfers ownership of the client software. Upon the effective date of such assignment, you agree that Avaya shall
be released and discharged from all obligations and liabilities under this agreement.