Kingston Technology Bay Networks 2000 - Manual (Page 63)

Special Notices 57
Bay Networks the Software, user manuals, and all copies. Bay Networks is not liable to Licensee for
damages in any form solely by reason of the termination of this license.
8. Export and Re-export. Licensee agrees not to export, directly or indirectly, the Software or related
technical data or information without first obtaining any required export licenses or other governmental
approvals. Without limiting the foregoing, Licensee, on behalf of itself and its subsidiaries and affiliates,
agrees that it will not, without first obtaining all export licenses and approvals required by the U.S.
Government: (i) export, re-export, transfer, or divert any such Software or technical data, or any direct
product thereof, to any country to which such exports or re-exports are restricted or embargoed under
United States export control laws and regulations, or to any national or resident of such restricted or
embargoed countries; or (ii) provide the Software or related technical data or information to any military
end user or for any military end use, including the design, development, or production of any chemical,
nuclear, or biological weapons.
9. General. If any provision of this Agreement is held to be invalid or unenforceable by a court of
competent jurisdiction, the remainder of the provisions of this Agreement shall remain in full force and
effect. This Agreement will be governed by the laws of the state of California.
Should you have any questions concerning this Agreement, contact Bay Networks, Inc., 4401 Great
America Parkway, P.O. Box 58185, Santa Clara, California 95054-8185.
LICENSEE ACKNOWLEDGES THAT LICENSEE HAS READ THIS AGREEMENT,
UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
LICENSEE FURTHER AGREES THAT THIS AGREEMENT IS THE ENTIRE AND EXCLUSIVE
AGREEMENT BETWEEN BAY NETWORKS AND LICENSEE, WHICH SUPERSEDES ALL PRIOR
ORAL AND WRITTEN AGREEMENTS AND COMMUNICATIONS BETWEEN THE PARTIES
PERTAINING TO THE SUBJECT MATTER OF THIS AGREEMENT. NO DIFFERENT OR
ADDITIONAL TERMS WILL BE ENFORCEABLE AGAINST BAY NETWORKS UNLESS BAY
NETWORKS GIVES ITS EXPRESS WRITTEN CONSENT, INCLUDING AN EXPRESS WAIVER
OF THE TERMS OF THIS AGREEMENT.