Extreme Networks Summit WM3700 Installation Manual page 43

10 Notice to United States Government End Users. The Software and accompanying
Documentation are deemed to be "commercial computer software" and "commercial
computer software documentation," respectively, pursuant to DFAR Section 227.7202
and FAR Section 12.212, as applicable. Any use, modification, reproduction, release,
performance, display or disclosure of the Software and accompanying
Documentation by the United States Government shall be governed solely by the
terms of this Agreement and shall be prohibited except to the extent expressly
permitted by the terms of this Agreement.
11 Export Controls. You are advised that the Software is of United States origin and
subject to United States Export Administration Regulations; diversion contrary to
United States law and regulation is prohibited. You agree not to directly or
indirectly export, import or transmit the Software to any country, end user or for any
Use that is prohibited by applicable United States regulation or statute (including
but not limited to those countries embargoed from time to time by the United States
government); or contrary to the laws or regulations of any other governmental entity
that has jurisdiction over such export, import, transmission or Use.
12 High Risk Activities. The Software is not fault-tolerant and is not designed or
intended for use in hazardous environments requiring fail-safe performance,
including without limitation, in the operation of nuclear facilities, aircraft navigation
or communication systems, air traffic control, weapons systems, direct life-support
machines, or any other application in which the failure of the Software could lead
directly to death, personal injury, or severe physical or property damage (collectively,
"High Risk Activities"). EXTREME NETWORKS EXPRESSLY DISCLAIMS ANY
EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
13 Governing Law. This Agreement will be governed by and construed in accordance
with the substantive laws of the State of California. This Agreement will not be
governed by the conflict of laws rules of any jurisdiction or the United Nations
Convention on Contracts for the International Sale of Goods, the application of
which is expressly excluded. The state and federal courts sitting in Santa Clara
County, California shall have exclusive jurisdiction over all disputes relating to this
Agreement.
14 Open Source Software. Portions of the Software ("Open Source Software") provided
to you may be subject to a license that permits you to modify these portions and
redistribute the modifications (an "Open Source License"). Your use, modification
and redistribution of the Open Source Software are governed by the terms and
conditions of the applicable Open Source License. More details regarding the Open
Source Software and the applicable Open Source Licenses are available at
www.extremenetworks.com/services/SoftwareLicensing.aspx. Some of the Open
Source software may be subject to the GNU General Public License v.2 ("GPL") or
the Lesser General Public Library ("LGPL"), copies of which are available at
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