3
5. Except for the Product warranty contained in the manual, the Software is provided
“AS IS” and in its present state and condition and Zhone makes no other warranty
whatsoever with respect to the Product purchased by you. THIS AGREEMENT
EXPRESSLY EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS
OR IMPLIED, OR ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION:
a. Any warranty that the Software is error-free, will operate uninterrupted in your
operating environment, or is compatible with any equipment or software
configurations; and
b. ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Some states or other jurisdictions do not allow the exclusion of implied warranties
on limitations on how long an implied warranty lasts, so the above limitations may
not apply to you. This warranty gives you specific legal rights, and you may also
have other rights which vary from one state or jurisdiction to another.
6. IN NO EVENT WILL ZHONE BE LIABLE TO LICENSEE FOR ANY
CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES,
INCLUDING ANY LOST PROFITS OR LOST SAVINGS, LOSS OF BUSINESS
INFORMATION OR BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS
ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE,
WHETHER BASED ON CONTRACT, TORT, WARRANTY OR OTHER LEGAL
OR EQUITABLE GROUNDS, EVEN IF ZHONE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD
PARTY.
7. The rights granted under this Agreement may not be assigned, sublicensed or
otherwise transferred by the Licensee to any third party without the prior written
consent of Zhone.
8. This Agreement and the license granted under this Agreement shall be terminated
in the event of breach by the Licensee of any provisions of this Agreement.
9. Upon such termination, the Licensee shall refrain from any further use of the
Software and destroy the original and all copies of the Software in the possession
of Licensee together with all documentation and related materials.
10. This Agreement shall be governed by the laws of the State of California, without
regard to its provisions concerning conflicts of laws.
