Enterasys D2 D2G124-12P Cli Reference Manual page 5

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 Section 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, Cambodia, Cuba, Georgia, Iraq,
Kazakhstan, Laos, Libya, Macau, Moldova, Mongolia, North Korea, the People's Republic of China, Russia, 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 U.S. 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. 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.