Enterasys Matrix E1 1G587-09 Installation Manual page 10

3. APPLICABLE LAW. This Agreement shall be interpreted and governed under the laws and in the state and federal
courts of the Commonwealth of Massachusetts without regard to its conflicts of laws provisions. You accept the personal
jurisdiction and venue of the Commonwealth of Massachusetts courts. None of the 1980 United Nations Convention on
Contracts for the International Sale of Goods, the United Nations Convention on the Limitation Period in the International
Sale of Goods, and the Uniform Computer Information Transactions Act shall apply to this Agreement.
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 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.
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