Enterasys Networks X-Pedition XSR CLI - Manual (Page 5)

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4) EXPORT RESTRICTIONS. You understand that Enterasys and its Affiliates are subject to regulation by agencies of
the U.S. Government, including the U.S. Department of Commerce, which prohibit export or diversion of certain technical
products to certain countries, unless a license to export the Program is obtained from the U.S. Government or an exception from
obtaining such license may be relied upon by the exporting party.
If the Program is exported from the United States pursuant to the License Exception CIV under the U.S. Export Administration
Regulations, You agree that You are a civil end user of the Program and agree that You will use the Program for civil end uses
only and not for military purposes.
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 o r 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.
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. Enterasysʹ 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.