Enterasys Networks Network Ethernet Adapter - Manual (Page 13)

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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.
8. AUDIT RIGHTS. You hereby acknowledge that the intellectual property rights
associated with the Program are of critical value to Enterasys and, accordingly,
You hereby agree to maintain complete books, records and accounts showing (i)
license fees due and paid, and (ii) the use, copying and deployment of the
Program. You also grant to Enterasys and its authorized representatives, upon
reasonable notice, the right to audit and examine during Your normal business
hours, Your books, records, accounts and hardware devices upon which the
Program may be deployed to verify compliance with this Agreement, including
the verification of the license fees due and paid Enterasys and the use, copying
and deployment of the Program. Enterasys’ right of examination shall be
exercised reasonably, in good faith and in a manner calculated to not
unreasonably interfere with Your business. In the event such audit discovers
non‐compliance with this Agreement, including copies of the Program made,
used or deployed in breach of this Agreement, You shall promptly pay to
Enterasys the appropriate license fees. Enterasys reserves the right, to be
exercised in its sole discretion and without prior notice, to terminate this license,
effective immediately, for failure to comply with this Agreement. Upon any such
termination, You shall immediately cease all use of the Program and shall return
to Enterasys the Program and all copies of the Program.
9. OWNERSHIP. This is a license agreement and not an agreement for sale. You
acknowledge and agree that the Program constitutes trade secrets and/or
copyrighted material of Enterasys and/or its suppliers. You agree to implement
reasonable security measures to protect such trade secrets and copyrighted
material. All right, title and interest in and to the Program shall remain with
Enterasys and/or its suppliers. All rights not specifically granted to You shall be
reserved to Enterasys.