323-1851-090_(6500_R9.2_Roadmap)_Issue2 | License | Proprietary Software

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  Ciena ®  Confidential and Proprietary Documentation Roadmap Release 9.2 323-1851-090 - Standard Issue 2May 2013Copyright© 2010-2013 Ciena® Corporation. All rights reserved. 6500 Packet-Optical Platform   What’s inside... Feature HistoryRoadmapList of termsMaster indexTechnical assistance information  6500 Packet-Optical Platform Documentation RoadmapRelease 9.2323-1851-090 Standard Issue 2Copyright© 2010-2013 Ciena® CorporationMay 2013 LEGAL NOTICES THIS DOCUMENT CONTAINS CONFIDENTIAL AND TRADE SECRET INFORMATION OF CIENA CORPORATION AND ITS RECEIPT OR POSSESSION DOES NOT CONVEY ANY RIGHTS TO REPRODUCE OR DISCLOSE ITSCONTENTS, OR TO MANUFACTURE, USE, OR SELL ANYTHING THAT IT MAY DESCRIBE. REPRODUCTION,DISCLOSURE, OR USE IN WHOLE OR IN PART WITHOUT THE SPECIFIC WRITTEN AUTHORIZATION OF CIENACORPORATION IS STRICTLY FORBIDDEN.EVERY EFFORT HAS BEEN MADE TO ENSURE THAT THE INFORMATION IN THIS DOCUMENT IS COMPLETE AND ACCURATE AT THE TIME OF PUBLISHING; HOWEVER, THE INFORMATION CONTAINED IN THISDOCUMENT IS SUBJECT TO CHANGE.While the information in this document is believed to be accurate and reliable, except as otherwise expressly agreed toin writing CIENA PROVIDES THIS DOCUMENT “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND,EITHER EXPRESS OR IMPLIED. The information and/or products described in this document are subject to changewith out notice. Copyright© 2010-2013 Ciena® Corporation All rights reserved. The material contained in this document is also protected by copyright laws of the United States of America and other countries. It may not be reproduced or distributed in any form by any means, altered in any fashion, or stored in a database or retrieval system, without express written permission of the Ciena Corporation. Security Ciena ®  cannot be responsible for unauthorized use of equipment and will not make allowance or credit for unauthorized use or access. Contacting CienaFor additional office locations and phone numbers, please visit the Ciena web site at www.ciena.com. Corporate Headquarters410-694-5700 or 800-921-1144www.ciena.comCustomer Technical Support/WarrantyIn North America1-800-CIENA24 (243-6224)410-865-4961In Europe, Middle East,and Africa800-CIENA-24-7 (800-2436-2247)+44-207-012-5508In Asia-Pacific800-CIENA-24-7 (800-2436-2247)+81-3-6367-3989+91-124-4340-600In Caribbean and Latin America800-CIENA-24-7 (800-2436-2247) 410-865-4944 (USA)Sales and General Information410-694-5700E-mail:[email protected] North America410-694-5700 or 800-207-3714E-mail:[email protected] Europe+44-207-012-5500 (UK)E-mail:[email protected] Asia+81-3-3248-4680 (Japan)E-mail:[email protected] India+91-124-434-0500E-mail:[email protected] Latin America011-5255-1719-0220 (Mexico City)E-mail:[email protected] (243-6283) or 410-865-8996E-mail:[email protected]  6500 Packet-Optical Platform Documentation RoadmapRelease 9.2323-1851-090 Standard Issue 2Copyright© 2010-2013 Ciena® CorporationMay 2013 IMPORTANT: PLEASE READ THIS LICENSE AGREEMENT ( AGREEMENT ) CAREFULLY BEFOREINSTALLING OR USING CIENA CORPORATION ( Ciena ) SOFTWARE, HARDWARE OR DOCUMENTATION(COLLECTIVELY, THE EQUIPMENT ). BY INSTALLING OR USING THE EQUIPMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THISAGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. 1. Right to Use License; Restrictions. Subject to these terms, and the payment of all applicable license fees, Cienagrants to you, as end user, a non-exclusive license to use the Ciena software (the Software ) in object code formsolely in connection with, and as embedded within, the Equipment,. You shall have the right to use the Software solelyfor your own internal use and benefit. You may make one copy of the Software and documentation solely for backupand archival purpose, however you must reproduce and affix all copyright and other proprietary rights notices thatappear in or on the srcinal. You may not, without Ciena's prior written consent, (i) sublicense, assign, sell, rent, lend,lease, transfer or otherwise distribute the Software; (ii) grant any rights in the Software or documentation not expresslyauthorized herein; (iii) modify the Software nor provide any third person the means to do the same; (iv) createderivative works, translate, disassemble, recompile, reverse engineer or attempt to obtain the source code of theSoftware in any way; or (v) alter, destroy, or otherwise remove any proprietary notices or labels on or embedded withinthe Software or documentation. You acknowledge that this license is subject to Section 365 of the U.S. BankruptcyCode and requires Ciena's consent to any assignment related to a bankruptcy proceeding. Sole title to the Softwareand documentation, to any derivative works, and to any associated patents and copyrights, remains with Ciena or itslicensors. Ciena reserves to itself and its licensors all rights in the Software and documentation not expressly grantedto you. You shall preserve intact any notice of copyright, trademark, logo, legend or other notice of ownership from anysrcinal or copies of the Software or documentation. 2. Audit: Upon Ciena's reasonable request, but not more frequently than annually without reasonable cause, youshall permit Ciena to audit the use of the Software at such times as may be mutually agreed upon to ensurecompliance with this Agreement. 3. Confidentiality.  You agree that you will receive confidential or proprietary information ( Confidential Information )in connection with the purchase, deployment and use of the Equipment. You will not disclose Confidential Informationto any third party without prior written consent of Ciena, will use it only for purposes for which it was disclosed, use your best efforts to prevent and protect the contents of the Software from unauthorized disclosure or use, and must treat itwith the same degree of care as you do your own similar information, but with no less than reasonable care. Youacknowledge that the design and structure of the Software constitute trade secrets and/or copyrighted materials of Ciena and agree that the Equipment is Confidential Information for purposes of this Agreement. 4. U.S. Government Use. The Software is provided to the Government only with restricted rights and limited rights.Use, duplication, or disclosure by the Government is subject to restrictions set forth in FAR Sections 52-227-14 and52-227-19 or DFARS Section 52.227-7013(C)(1)(ii), as applicable. The Equipment and any accompanying technicaldata (collectively Materials ) are commercial within the meaning of applicable Federal acquisition regulations. TheseMaterials were developed fully at private expense. U.S. Government use of the Materials is restricted by this Agreement, and all other U.S. Government use is prohibited. In accordance with FAR 12.212 and DFAR Supplement227.7202, software delivered to you is commercial computer software and the use of that software is further restrictedby this Agreement. 5. Term of License. This license is effective until terminated. Customer may terminate this license at any time bygiving written notice to Ciena [or] and destroying or erasing all copies of Software including any documentation. Cienamay terminate this Agreement and your license to the Software immediately by giving you written notice of terminationin the event that either (i) you breach any term or condition of this Agreement or (ii) you are wound up other thanvoluntarily for the purposes of amalgamation or reorganization, have a receiver appointed or enter into liquidation or bankruptcy or analogous process in your home country. Termination shall be without prejudice to any other rights or remedies Ciena may have. In the event of any termination you will have no right to keep or use the Software or anycopy of the Software for any purpose and you shall destroy and erase all copies of such Software in its possession or control, and forward written certification to Ciena that all such copies of Software have been destroyed or erased.  6500 Packet-Optical Platform Documentation RoadmapRelease 9.2323-1851-090 Standard Issue 2Copyright© 2010-2013 Ciena® CorporationMay 2013 6. Compliance with laws.  You agree to comply with all applicable laws, including all import regulations, and to obtainall required licenses and permits related to installation and use of Equipment. Software, including technical data, issubject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, andmay be subject to export or import regulations in other countries. Customer agrees to comply strictly with all suchregulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software. 7. Limitation of Liability.  ANY LIABILITY OF Ciena SHALL BE LIMITED IN THE AGGREGATE TO THE AMOUNTSPAID BY YOU FOR THE SOFTWARE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDINGWITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY,MISREPRESENTATION AND OTHER TORTS. THE LIMITATIONS OF LIABILITY DESCRIBED IN THIS SECTION ALSO APPLY TO ANY THIRD-PARTY SUPPLIER OF Ciena. NEITHER Ciena NOR ANY OF ITS THIRD-PARTYSUPPLIERS SHALL BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE, WHETHER INDIRECT, SPECIAL,INCIDENTAL OR CONSEQUENTIAL INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, CONTRACTS,DATA OR PROGRAMS, AND THE COST OF RECOVERING SUCH DATA OR PROGRAMS, EVEN IF INFORMEDOF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE 8. General.  Ciena may assign this Agreement to any Ciena affiliate or to a purchaser of the intellectual property rightsin the Software, but otherwise neither this Agreement nor any rights hereunder may be assigned nor duties delegatedby either party, and any attempt to do so will be void. This Agreement shall be governed by the laws of the State of Maryland (without regard to the conflict of laws provisions) and shall be enforceable in the courts of Maryland. TheU.N. Convention on Contracts for the International Sale of Goods shall not apply hereto. This Agreement constitutesthe complete and exclusive statement of agreement between the parties relating to the license for the Software andsupersedes all proposals, communications, purchase orders, and prior agreements, verbal or written, between theparties. If any portion hereof is found to be void or unenforceable, the remaining provisions shall remain in full forceand effect.
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