Enterasys Networks Network Ethernet Adapter - Manual (Page 10)

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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.