Table of Contents
Advertisement
civilian agencies, and subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause of DFARS 252.227-7013, for agencies of the Department of
Defense or their successors, whichever is applicable.
6. Use of Software in the European Community. This provision applies to all Software
acquired for use within the European Community. If Licensee uses the Software within a
country in the European Community, the Software Directive enacted by the Council of
European Communities Directive dated 14 May, 1991, will apply to the examination of the
Software to facilitate interoperability. Licensee agrees to notify Bay Networks of any such
intended examination of the Software and may procure support and assistance from Bay
Networks.
7. Term and termination. This license is effective until terminated; however, all of the
restrictions with respect to Bay Networks' copyright in the Software and user manuals will
cease being effective at the date of expiration of the Bay Networks copyright; those
restrictions relating to use and disclosure of Bay Networks' confidential information shall
continue in effect. Licensee may terminate this license at any time. The license will
automatically terminate if Licensee fails to comply with any of the terms and conditions of
the license. Upon termination for any reason, Licensee will immediately destroy or return
to Bay Networks the Software, user manuals, and all copies. Bay Networks is not liable to
Licensee for damages in any form solely by reason of the termination of this license.
8. Export and Re-export. Licensee agrees not to export, directly or indirectly, the
Software or related technical data or information without first obtaining any required
export licenses or other governmental approvals. Without limiting the foregoing, Licensee,
on behalf of itself and its subsidiaries and affiliates, agrees that it will not, without first
obtaining all export licenses and approvals required by the U.S. Government: (i) export, re-
export, transfer, or divert any such Software or technical data, or any direct product thereof,
to any country to which such exports or re-exports are restricted or embargoed under
United States export control laws and regulations, or to any national or resident of such
restricted or embargoed countries; or (ii) provide the Software or related technical data or
information to any military end user or for any military end use, including the design,
development, or production of any chemical, nuclear, or biological weapons.
9. General. If any provision of this Agreement is held to be invalid or unenforceable by a
court of competent jurisdiction, the remainder of the provisions of this Agreement shall
remain in full force and effect. This Agreement will be governed by the laws of the state of
California.
Should you have any questions concerning this Agreement, contact Bay Networks, Inc.,
4401 Great America Parkway, P.O. Box 58185, Santa Clara, California 95054-8185.
LICENSEE ACKNOWLEDGES THAT LICENSEE HAS READ THIS AGREEMENT,
UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS. LICENSEE FURTHER AGREES THAT THIS AGREEMENT IS THE
ENTIRE AND EXCLUSIVE AGREEMENT BETWEEN BAY NETWORKS AND
LICENSEE, WHICH SUPERSEDES ALL PRIOR ORAL AND WRITTEN
AGREEMENTS AND COMMUNICATIONS BETWEEN THE PARTIES PERTAINING
TO THE SUBJECT MATTER OF THIS AGREEMENT. NO DIFFERENT OR
ADDITIONAL TERMS WILL BE ENFORCEABLE AGAINST BAY NETWORKS
UNLESS BAY NETWORKS GIVES ITS EXPRESS WRITTEN CONSENT,
INCLUDING AN EXPRESS WAIVER OF THE TERMS OF THIS AGREEMENT.
302269-A Rev.00
v
Advertisement
Table of Contents
