Enterasys RoamAbout AP-2000 Hardware Installation Manual page 6

Notice
(v) Remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or
embedded in any part of the Program.
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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