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Customer Support Information
Issue 1 October 1998
xv
Software
End User
License
Agreement
continued
LIMITATION OF LIABILITY.
RECOGNIZING THAT YOUR RIGHT TO USE THE
SOFTWARE IS PROVIDED FREE OF CHARGE,
YOU AGREE THAT IT IS FAIR, REASONABLE,
AND NOT UNCONSCIONABLE TO RELEASE
LUCENT TECHNOLOGIES AND OTHERS FROM
ANY LIABILITY ARISING IN CONNECTION
WITH THE SOFTWARE. UNDER NO
CIRCUMSTANCES AND UNDER
NO LEGAL THEORY (INCLUDING WITHOUT
LIMITATION TORT INCLUDING NEGLIGENCE,
CONTRACT, STRICT LIABILITY, OR
OTHERWISE), SHALL LUCENT TECHNOLOGIES
OR ITS AFFILIATES OR SUPPLIERS (OR THEIR
RESPECTIVE EMPLOYEES OR AGENTS) BE
LIABLE TO YOU OR ANY OTHER PERSON FOR
DAMAGES OF ANY KIND OR CHARACTER,
WHETHER DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL,
INCLUDING WITHOUT LIMITATION DAMAGES
FOR LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR
ANY AND ALL OTHER COMMERCIAL
DAMAGES OR LOSSES, EVEN IF LUCENT
TECHNOLOGIES HAS BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY SHALL NOT
APPLY TO LIABILITY FOR DEATH OR BODILY
INJURY TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. FURTHERMORE,
SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THIS LIMITATION AND EXCLUSION MAY
NOT APPLY TO YOU.