Enterasys Networks C2K122-24 - Manual (Page 9)

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ENTERASYS NETWORKS, INC.
FIRMWARE LICENSE AGREEMENT
BEFORE OPENING OR UTILIZING THE ENCLOSED PRODUCT,
CAREFULLY READ THIS LICENSE AGREEMENT.
This document is an agreement (“Agreement”) between the end user (“You”) and Enterasys Networks, Inc. on behalf
of itself and its Affiliates (as hereinafter defined) (“Enterasys”) that sets forth Your rights and obligations with respect
to the Enterasys software program/firmware installed on the Enterasys product (including any accompanying
documentation, hardware or media) (“Program”) in the package and prevails over any additional, conflicting or
inconsistent terms and conditions appearing on any purchase order or other document submitted by You. “Affiliate”
means any person, partnership, corporation, limited liability company, or other form of enterprise that directly or
indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with the party
specified. This Agreement constitutes the entire understanding between the parties, and supersedes all prior
discussions, representations, understandings or agreements, whether oral or in writing, between the parties with
respect to the subject matter of this Agreement. The Program may be contained in firmware, chips or other media.
BY INSTALLING OR OTHERWISE USING THE PROGRAM, YOU REPRESENT THAT YOU ARE AUTHORIZED TO
ACCEPT THESE TERMS ON BEHALF OF THE END USER (IF THE END USER IS AN ENTITY ON WHOSE BEHALF
YOU ARE AUTHORIZED TO ACT, “YOU” AND “YOUR” SHALL BE DEEMED TO REFER TO SUCH ENTITY) AND
THAT YOU AGREE THAT YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDES,
AMONG OTHER PROVISIONS, THE LICENSE, THE DISCLAIMER OF WARRANTY AND THE LIMITATION OF
LIABILITY. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ARE NOT AUTHORIZED TO
ENTER INTO THIS AGREEMENT, ENTERASYS IS UNWILLING TO LICENSE THE PROGRAM TO YOU AND YOU
AGREE TO RETURN THE UNOPENED PRODUCT TO ENTERASYS OR YOUR DEALER, IF ANY, WITHIN TEN
(10) DAYS FOLLOWING THE DATE OF RECEIPT FOR A FULL REFUND.
IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, CONTACT ENTERASYS NETWORKS, LEGAL
DEPARTMENT AT (978) 684‐1000.
You and Enterasys agree as follows:
1. LICENSE. You have the non‐exclusive and non‐transferable right to use only the one (1) copy of the Program
provided in this package subject to the terms and conditions of this Agreement.
2. RESTRICTIONS. Except as otherwise authorized in writing by Enterasys, You may not, nor may You permit any
third party to:
(i) Reverse engineer, decompile, disassemble or modify the Program, in whole or in part, including for reasons
of error correction or interoperability, except to the extent expressly permitted by applicable law and to the
extent the parties 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.
(ii) 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.
(iii) Publish, disclose, copy, reproduce or transmit the Program, in whole or in part.
(iv) Assign, sell, license, sublicense, rent, lease, encumber by way of security interest, pledge or otherwise transfer
the Program, in whole or in part.
(v) Remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded
in any part of the Program.