Enterasys RoamAbout RBT-4102 Installation Manual page 6

Notice
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.
Enterasys' 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.
9. OWNERSHIP. This is a license agreement and not an agreement for sale. You
acknowledge and agree that the Program constitutes trade secrets and/or copyrighted material of
Enterasys and/or its suppliers. You agree to implement reasonable security measures to protect
such trade secrets and copyrighted material. All right, title and interest in and to the Program
shall remain with Enterasys and/or its suppliers. All rights not specifically granted to You shall
be reserved to Enterasys.
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