Extreme Networks Sentriant AG Software User's Manual page 456

Licenses
shipped with the programs, or documentation may accessed online at .
http://otn.oracle.com/docs
Ownership and Restrictions
We retain all ownership and intellectual property rights in the programs. You may make a sufficient number of copies of the
programs for the licensed use and one copy of the programs for backup purposes.
You may not:
- use the programs for any purpose other than as provided above;
- distribute the programs unless accompanied with your applications;
- charge your end users for use of the programs;
- remove or modify any program markings or any notice of our proprietary rights;
- use the programs to provide third party training on the content and/or functionality of the programs, except for training
your licensed users;
- assign this agreement or give the programs, program access or an interest in the programs to any individual or entity
except as provided under this agreement;
- cause or permit reverse engineering (unless required by law for interoperability), disassembly or decompilation of the
programs;
- disclose results of any program benchmark tests without our prior consent; or,
- use any Oracle name, trademark or logo.
Program Distribution
We grant you a nonexclusive, nontransferable right to copy and distribute the programs to your end users provided that you
do not charge your end users for use of the programs and provided your end users may only use the programs to run your
applications for their business operations. Prior to distributing the programs you shall require your end users to execute an
agreement binding them to terms consistent with those contained in this section and the sections of this agreement entitled
"License Rights," "Ownership and Restrictions," "Export," "Disclaimer of Warranties and Exclusive Remedies," "No Technical
Support," "End of Agreement," "Relationship Between the Parties," and "Open Source." You must also include a provision
stating that your end users shall have no right to distribute the programs, and a provision specifying us as a third party
beneficiary of the agreement. You are responsible for obtaining these agreements with your end users.
You agree to: (a) defend and indemnify us against all claims and damages caused by your distribution of the programs in
breach of this agreements and/or failure to include the required contractual provisions in your end user agreement as stated
above; (b) keep executed end user agreements and records of end user information including name, address, date of
distribution and identity of programs distributed; (c) allow us to inspect your end user agreements and records upon
request; and, (d) enforce the terms of your end user agreements so as to effect a timely cure of any end user breach, and
to notify us of any breach of the terms.
Export
You agree that U.S. export control laws and other applicable export and import laws govern your use of the programs,
including technical data; additional information can be found on Oracle's Global Trade Compliance web site located at
http://
. You agree that neither the programs nor any direct product thereof
www.oracle.com/products/export/index.htmlcontent.html
will be exported, directly, or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws
including, without limitation, nuclear, chemical, or biological weapons proliferation.
Disclaimer of Warranty and Exclusive Remedies
THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE FURTHER DISCLAIM ALL WARRANTIES,
EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES,
OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER
IN AN ACTION IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR
ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000).
No Technical Support
Our technical support organization will not provide technical support, phone support, or updates to you for the programs
licensed under this agreement.
Restricted Rights
If you distribute a license to the United States government, the programs, including documentation, shall be considered
commercial computer software and you will place a legend, in addition to applicable copyright notices, on the
documentation, and on the media label, substantially similar to the following:
NOTICE OF RESTRICTED RIGHTS
"Programs delivered subject to the DOD FAR Supplement are 'commercial computer software' and use, duplication, and
disclosure of the programs, including documentation, shall be subject to the licensing restrictions set forth in the applicable
Oracle license agreement. Otherwise, programs delivered subject to the Federal Acquisition Regulations are 'restricted
computer software' and use, duplication, and disclosure of the programs, including documentation, shall be subject to the
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Sentriant AG Software Users Guide, Version 5.3