Enterasys Networks Enterasys Matrix 9034310-01 - Manual (Page 9)

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shall not be permitted by that applicable law, such rights are expressly excluded. Information necessary to achieve
interoperability or correct errors is available from Enterasys upon request and upon payment of Enterasys’ applicable
fee.
(b) Incorporate the Program in whole or in part, in any other product or create derivative works based on the Program, in
whole or in part.
(c) Publish, disclose, copy reproduce or transmit the Program, in whole or in part.
(d) Assign, sell, license, sublicense, rent, lease, encumber by way of security interest, pledge or otherwise transfer the
Program, in whole or in part.
(e) Remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any
part of the Program.
3. APPLICABLE LAW. This Agreement shall be interpreted and governed under the laws and in the state and federal courts
of the Commonwealth of Massachusetts without regard to its conflicts of laws provisions. You accept the personal jurisdiction
and venue of the Commonwealth of Massachusetts courts. None of the 1980 United Nations Convention on the Limitation Period
in the International Sale of Goods, and the Uniform Computer Information Transactions Act shall apply to this Agreement.
4. EXPORT RESTRICTIONS. You understand that Enterasys and its Affiliates are subject to regulation by agencies of the
U.S. Government, including the U.S. Department of Commerce, which prohibit export or diversion of certain technical products
to certain countries, unless a license to export the product is obtained from the U.S. Government or an exception from obtaining
such license may be relied upon by the exporting party.
If the Program is exported from the United States pursuant to the License Exception CIV under the U.S. Export
Administration Regulations, You agree that You are a civil end user of the Program and agree that You will use the Program for
civil end uses only and not for military purposes.
If the Program is exported from the United States pursuant to the License Exception TSR under the U.S. Export
Administration Regulations, in addition to the restriction on transfer set forth in Section 1 or 2 of this Agreement, You agree not
to (i) reexport or release the Program, the source code for the Program or technology to a national of a country in Country
Groups D:1 or E:2 (Albania, Armenia, Azerbaijan, Belarus, Cambodia, Cuba, Georgia, Iraq, Kazakhstan, Laos, Libya, Macau,
Moldova, Mongolia, North Korea, the People’s Republic of China, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan,
Vietnam, or such other countries as may be designated by the United States Government), (ii) export to Country Groups D:1 or
E:2 (as defined herein) the direct product of the Program or the technology, if such foreign produced direct product is subject to
national security controls as identified on the U.S. Commerce Control List, or (iii) if the direct product of the technology is a
complete plant or any major component of a plant, export to Country Groups D:1 or E:2 the direct product of the plant or a
major component thereof, if such foreign produced direct product is subject to national security controls as identified on the
U.S. Commerce Control List or is subject to State Department controls under the U.S. Munitions List.
5. UNITED STATES GOVERNMENT RESTRICTED RIGHTS. The enclosed Program (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 Enterasys and/or its suppliers. For Department of Defense units, the Program is considered
commercial computer software in accordance with DFARS section 227.7202‐3 and its successors, and use, duplication, or
disclosure by the U.S. Government is subject to restrictions set forth herein.
6. DISCLAIMER OF WARRANTY. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED TO YOU IN WRITING
BY ENTERASYS, ENTERASYS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON‐INFRINGEMENT WITH RESPECT TO THE PROGRAM. IF IMPLIED WARRANTIES MAY NOT
BE DISCLAIMED BY APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY
(30) DAYS AFTER DELIVERY OF THE PROGRAM TO YOU.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL ENTERASYS OR ITS SUPPLIERS BE LIABLE FOR ANY
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
RELIANCE DAMAGES, OR OTHER LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM, EVEN IF
ENTERASYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS FOREGOING LIMITATION SHALL
APPLY REGARDLESS OF THE CAUSE OF ACTION UNDER WHICH DAMAGES ARE SOUGHT.
THE CUMULATIVE LIABILITY OF ENTERASYS TO YOU FOR ALL CLAIMS RELATING TO THE PROGRAM, IN
CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID TO ENTERASYS BY
YOU FOR THE RIGHTS GRANTED HEREIN.