Riverstone Networks RS 2100 - Manual (Page 9)

Riverstone Networks RS 2100 Switch Router Getting Started Guide ix
sufficient numbers only for backup or archival purposes, or to replace a worn or defective copy. However, You agree not to have
more than two (2) copies of the Licensed Software in whole or in part, including the original media, in your possession for said
purposes without Riverstone’s prior written consent, and in no event shall You operate more than one copy of the Licensed Soft-
ware. You may not copy or reproduce the documentation. You agree to maintain appropriate records of the location of the original
media and all copies of the Licensed Software, in whole or in part, made by You.
4. TITLE AND PROPRIETARY RIGHTS.
(a) The Licensed Materials are copyrighted works and/or trade secrets of Riverstone and are the sole and exclu-
sive property of Riverstone, any company or a division thereof which Riverstone controls or is controlled by,
or which may result from the merger or consolidation with Riverstone (its “Affiliates”), and/or their suppliers.
This Agreement conveys a limited right to operate the Licensed Materials and shall not be construed to convey
title to the Licensed Materials to You. There are no implied rights. You shall not sell, lease, transfer, subli-
cense, dispose of, or otherwise make available the Licensed Materials, or any portion thereof, to any other
party.
(a) You further acknowledge that in the event of a breach of this Agreement, Riverstone shall suffer severe and
irreparable damages for which monetary compensation alone will be inadequate. You therefore agree that in
the event of a breach of this Agreement, Riverstone shall be entitled to monetary damages and its reasonable
attorney’s fees and costs in enforcing this Agreement, as well as injunctive relief to restrain such breach, in
addition to any other remedies available to Riverstone.
5. PROTECTION AND SECURITY. You agree not to deliver or otherwise make available the
Licensed Materials or any part thereof, including without limitation the object or source code (if
provided) of the Licensed Software, to any party other than Riverstone or its employees, except for
purposes specifically related to your use of the Licensed Software on a single unit as expressly
provided in this Agreement, without the prior written consent of Riverstone. You agree to use your
best efforts and take all reasonable steps to safeguard the Licensed Materials to ensure that no
unauthorized personnel shall have access thereto and that no unauthorized copy, publication,
disclosure, or distribution, in whole or in part, in any form shall be made, and You agree to notify
Riverstone of any unauthorized use thereof. You acknowledge that the Licensed Materials contain
valuable confidential information and trade secrets, and that unauthorized use, copying and/or
disclosure thereof are harmful to Riverstone or its Affiliates and/or its/their software suppliers.
6. MAINTENANCE AND UPDATES. Updates and certain maintenance and support services, if any,
shall be provided to You pursuant to the terms of a Riverstone Service and Maintenance Agreement,
if Riverstone and You enter into such an agreement. Except as specifically set forth in such
agreement, Riverstone shall not be under any obligation to provide Software Updates, modifications,
or enhancements, or Software maintenance and support services to You.
7. EXPORT REQUIREMENTS. Licensed Software, including technical data, is subject to U.S.
export control laws, including the U.S. Export Administration Act and its associated regulations, and
may be subject to export or import regulations in other countries. You agree to comply strictly with
all such regulations and acknowledge that You have the responsibility to obtain licenses to export,
re-export or import Licensed Software.
8. UNITED STATES GOVERNMENT RESTRICTED RIGHTS. The enclosed Product (i) was
developed solely at private expense; (ii) contains “restricted computer software” submitted with
restricted rights in accordance with section 52.227-19 (a) through (d) of the Commercial Computer
Software-Restricted Rights Clause and its successors, and (iii) in all respects is proprietary data
belonging to Riverstone and/or its suppliers. For Department of Defense units, the Product is