Enterasys Networks Network Ethernet Adapter - Manual (Page 14)

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10. ENFORCEMENT. You acknowledge and agree that any breach of Sections 2, 4,
or 9 of this Agreement by You may cause Enterasys irreparable damage for
which recovery of money damages would be inadequate, and that Enterasys
may be entitled to seek timely injunctive relief to protect Enterasys’ rights under
this Agreement in addition to any and all remedies available at law.
11. ASSIGNMENT. You may not assign, transfer or sublicense this Agreement or
any of Your rights or obligations under this Agreement, except that You may
assign this Agreement to any person or entity which acquires substantially all of
Your stock or assets. Enterasys may assign this Agreement in its sole discretion.
This Agreement shall be binding upon and inure to the benefit of the parties,
their legal representatives, permitted transferees, successors and assigns as
permitted by this Agreement. Any attempted assignment, transfer or sublicense
in violation of the terms of this Agreement shall be void and a breach of this
Agreement.
12. WAIVER. A waiver by Enterasys of a breach of any of the terms and conditions
of this Agreement must be in writing and will not be construed as a waiver of
any subsequent breach of such term or condition. Enterasys’ failure to enforce a
term upon Your breach of such term shall not be construed as a waiver of Your
breach or prevent enforcement on any other occasion.
13. SEVERABILITY. In the event any provision of this Agreement is found to be
invalid, illegal or unenforceable, the validity, legality and enforceability of any
of the remaining provisions shall not in any way be affected or impaired thereby,
and that provision shall be reformed, construed and enforced to the maximum
extent permissible. Any such invalidity, illegality or unenforceability in any
jurisdiction shall not invalidate or render illegal or unenforceable such provision
in any other jurisdiction.
14. TERMINATION. Enterasys may terminate this Agreement immediately upon
Your breach of any of the terms and conditions of 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.