Enterasys Networks Network Ethernet Adapter - Manual (Page 12)

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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 Sections 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, Bulgaria, Cambodia, Cuba, Estonia, Georgia,
Iraq, Kazakhstan, Kyrgyzstan, Laos, Latvia, Libya, Lithuania, Moldova, North
Korea, the People’s Republic of China, Romania, Russia, Rwanda, 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 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.