Open Developer Registration

When you access the Open Developer registration form, you acknowledge that you have read and agree to abide by the terms of use set forth in the Alcatel-Lucent Interface License ("the Agreement"). Your registration to the program as an Open Developer is subject to your acceptance of the License terms below which shall apply to any interface downloaded from this Web site. Your acceptance shall be evidenced by clicking on "Approved."

Alcatel-Lucent Interface License

As used herein, “You” means the legal person or entity that by its agents or representatives installs and/or uses the interface for its own use and not for resale or distribution, and “Yours” shall be interpreted accordingly. “Alcatel-Lucent” means Alcatel-Lucent Enterprise, a French Corporation having its registered office at 3 avenue Octave Gréard, 75007 Paris, France.

LICENSE. Subject to the terms and conditions of this Agreement, and provided you have paid the applicable license fee, if any, Alcatel-Lucent grants to You a non-exclusive and non-transferable right to use the interface, in object code or text form, up to the maximum number of users applicable to this interface as indicated at the time of ordering or downloading, only on the system for which it was designed, in the territory where the Alcatel-Lucent Application Partner Program applies, solely for Development Purpose and not for redistribution or sublicensing (“License”). In this Agreement, “Development Purpose” shall mean the use of the interface for the development of adaptations or adjunction to other computer programs.

USAGE CONDITIONS AND LIMITATIONS. You shall (i) not sublicense, transfer, sell or otherwise communicate or make available the interface to third parties and shall protect and secure the interface using the same degree of care You use to protect your own proprietary rights, but in any case not less than reasonable care, (ii) not modify the interface in whole or in part, except as authorized hereunder for Development Purpose and (iii) not reverse assemble, or un-compile the interface in whole or in part, except as explicitly provided by law. This Agreement shall in no event be construed as being a sale of intellectual property rights, a sale of a Software copy, or a transfer of ownership of the rights to the interface. Notwithstanding the foregoing You may freely use the source code examples provided with the interface at Your own risks, expenses and liability, and shall indemnify Alcatel-Lucent against any and all claims that may arise from any such use. The source code examples are provided without any warranty of any kind, including infringement.

CHARGES. Your right to use the interface according to the license granted hereunder is subject to the payment of the applicable license fee, if any.

FEED-BACK. Alcatel-Lucent may request a reasonable feed-back and information from You on any bugs discovered by You affecting the interface, and recommended functionality improvements. Notwithstanding the foregoing, Alcatel-Lucent is under no obligation to make any changes or modifications to the interface suggested by You. Alcatel-Lucent reserves the right, in its sole discretion and without prior notice, to discontinue or modify the interface at any time.

SUPPORT. Upon Your request and subject to availability of adequate resources, Alcatel-Lucent may provide You with support services for the use of the interface in accordance with the prevailing Alcatel-Lucent terms and conditions for such support. In any case, Alcatel-Lucent shall have no obligation to develop or provide error corrections or new releases or versions for the interface.

YOUR OBLIGATIONS. It shall be Your sole and exclusive responsibility to install the interface, to determine the appropriate end use for the interface, including but not limited to determining if the interface is appropriate for Your information systems, needs and objectives, to implement adequate backup procedures to protect against loss or error resulting from the use of the interface and to verify any output resulting from the use of the interface if You intend to use or rely on such output. You acknowledge that it may be necessary to prepare the environment within which the interface will be used, including but not limited to parameterization of the devices or computer programs with which the interface will be used, integrated or interfaced.

DISCLAIMER. THE INTERFACE IS LICENSED “AS IS”. Alcatel-Lucent MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE INTERFACE WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Alcatel-Lucent HEREBY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, BUT NOT LIMITED TO STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF INTERFACE WHETHER MADE BY Alcatel-Lucent EMPLOYEES OR OTHERWISE, SHALL BE DEEMED TO BE A WARRANTY BY Alcatel-Lucent FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF Alcatel-Lucent WHATSOEVER. Alcatel-Lucent DOES NOT WARRANT THAT THE INTERFACE IS FREE OF ERRORS, THAT THE INTERFACE WILL MEET YOUR REQUIREMENTS, OR THAT THE USE OF THE INTERFACE WILL BE UNINTERRUPTED.

LIMITATION OF LIABILITY. In no event shall Alcatel-Lucent be liable to You or any one for any direct damages, punitive damages, incidental damages, lost profits, lost savings or any other consequential or intangible damages, regardless of the form of action, even if Alcatel-Lucent has been advised of the possibility of such damages, resulting from the use of the interface or arising out of or relating to the subject matter of this Agreement. No action in any form arising out of this Agreement shall be instituted more than two years after the cause of action has arisen.

CONFIDENTIALITY. You acknowledge and agree that the interface contains confidential information, trade secrets, and knowhow which is the exclusive property of Alcatel-Lucent or its suppliers (“Confidential Information”). You shall protect the Confidential Information from unauthorized dissemination and use with the same degree of care, but not less than reasonable care, that You use to protect Your own like information. You will not use the Confidential Information except for the purpose of this Agreement and shall not disclose such Confidential Information to any third party without the prior written consent of Alcatel-Lucent. You may disclose Confidential Information to Your employees, representative, agents or affiliates on a need-to-know basis, provided that You shall require each such representatives’ compliance with this confidentiality undertaking.

OWNERSHIP AND PROPRIETARY RIGHTS. Title and all patents, copyright, design rights, trade secrets and other proprietary rights in or related to the interface are and remain the exclusive property of Alcatel-Lucent and its suppliers. You will not take any action that could affect in any manner Alcatel-Lucent’s proprietary rights in the interface or acquire any right in the interface except the rights explicitly granted hereunder, and will not remove or destroy any proprietary trademark or copyright markings or confidentiality legends contained in the interface. Except for the source code example provided with the interface, You acknowledge that the right of redistribution of the derivative work produced by You within the development work performed for the Development Purpose is subject to Alcatel-Lucent’s rights in the interface. Except for the source code example provided with the interface, this Agreement does not authorize You to distribute, sub-license or transfer any part of the interface together with or as embodied within such derivative work; should You elect to do so, You shall purchase to Alcatel-Lucent all appropriate licenses of the interface or Products that include the necessary interface, as indicated by Alcatel-Lucent or shall ask for prior written consent of Alcatel-Lucent.

TERM AND TERMINATION. The term of this Agreement commences on the Effective Date and continues for the duration of the copyright protection of the interface, unless otherwise terminated earlier pursuant to this Section (“Term”). Either party has the right to terminate this Agreement if the other party breaches any material obligation hereunder which breach is incapable of cure or which, being capable of cure, is not cured within ten days after receipt of written notice or within such additional cure period as the non-breaching party may authorize in writing. Upon the termination of this Agreement for any reason, You shall immediately (i) cease all use of interface and (ii) return to Alcatel-Lucent or destroy all interface and copies thereof, and certify such return or destruction in writing.

REFERENCE. Alcatel-Lucent may, and You authorize Alcatel-Lucent to disclose that You are using the interface for Development Purpose.

ASSIGNMENT. You may not assign this Agreement without Alcatel-Lucent’s prior written consent. Alcatel-Lucent may assign this Agreement in whole or part without Your consent, provided that Alcatel-Lucent notifies You of such assignment.

GENERAL TERMS. Failure by either party to enforce any provision of this Agreement is not a waiver of future enforcement of that or any other provision. If, for any reason, a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect, provided that the intent of the parties is preserved. All provision of this Agreement that should reasonably survive to preserve the intent of this Agreement shall survive any termination of this Agreement. The provisions of this Agreement constitute the complete and exclusive agreement between the parties with respect to the subject matter hereof, and this Agreement supersedes all prior agreements or representations, oral or written, regarding the subject matter hereof.

GOVERNING LAW - LANGUAGE – JURISDICTION. This Agreement shall be governed by French law, without regard to conflict of law principles. Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the Commercial Court of Paris, France.