Software License

Avaya Inc. or the applicable affiliate or subsidiary grants you a personal, non-
transferable, non-exclusive right to use, in object code form, all software and
related documentation furnished under this Software License (“Agreement”). This
grant shall be limited to use of the software with the Avaya™ IP Softphone. You
shall refrain from taking any steps, such as reverse assembly or reverse
compilation, to derive a source code equivalent of the software. You shall also
refrain from selling, sublicensing, leasing, renting or otherwise transferring the
Software to any other person or entity. You agree to use your best efforts to see
that your employees and users of all software licensed under this agreement
comply with these terms and conditions. If you acquired this software in the
United States, this license is governed by the laws of the state of New Jersey.
Otherwise, this license is governed by the laws of the country in which you
acquired the software.
Warranty
This product is provided “as is”. Avaya Inc. provides no express or implied
warranty on this product.
Limitation of Liability
Scope. For purposes of this section, "Avaya" includes its directors, officers,
representatives, agents and suppliers. The limitations of liability in this section
will apply to any damages, however caused, and on any theory of liability,
whether for breach of contract, tort (including, but not limited to, negligence), or
otherwise, and regardless whether such losses or damages were foreseen,
foreseeable, or known, and regardless of whether the limited remedies provided
in this section fail of their essential purpose.
Excluded Types of Damages. In no event will Avaya have any liability for any
incidental, special, indirect or consequential damages, or for any loss of revenue,
profits, data or cost of cover.
Aggregate Liability. The aggregate liability of Avaya for proven direct damages in
connection with this Agreement will not exceed one hundred ($100) dollars. The
limitations in the preceding sentence will not apply in the case of willful
misconduct, bodily injury or death.
Copyright
Except to the extent expressly provided herein, Avaya reserves all rights in and
to the software and documentation and any modifications thereto, including title,
ownership, intellectual property rights, and any other rights and interests. The
Avaya-provided data and software on this media, including all portions thereof,
except where expressly stated otherwise, are protected by copyright and other
laws respecting proprietary rights. Unauthorized reproduction, transfer, and/or
use may be a criminal, as well as civil, offense under applicable law.