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3C
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OFTWARE
ICENSE
GREEMENT
IMPORTANT: Read Before Using This Product
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS
PRODUCT. IT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED BY 3COM CORPORATION
("3COM") TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE
TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. USING ANY
PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.
LICENSE: 3Com grants you a nonexclusive license to use the accompanying software program(s) (the
"Software") subject to the terms and restrictions set forth in this License Agreement. You are not permitted
to lease, rent, distribute or sublicense the Software or to use the Software in a time-sharing arrangement or
in any other unauthorized manner. Further, no license is granted to you in the human readable code of the
Software (source code). Except as provided below, this License Agreement does not grant you any rights to
patents, copyrights, trade secrets, trademarks, or any other rights in respect to the Software.
The Software is licensed to be used on any workstation or any network server owned by or leased to you,
provided that the Software is used only in connection with a 3Com adapter. You may reproduce and provide
one (1) copy of the Software and supporting documentation for each such workstation or network server on
which the Software is used as permitted hereunder. Otherwise, the Software and supporting documentation
may be copied only as essential for backup or archive purposes in support of your use of the Software as
permitted hereunder. You must reproduce and include all copyright notices and any other proprietary rights
notices appearing on the Software and the supporting documentation on any copies that you make.
NO ASSIGNMENT; NO REVERSE ENGINEERING: You may not transfer or assign the Software and/or this
License Agreement to another party without the prior written consent of 3Com. If such consent is given and
you transfer or assign the Software and/or this License Agreement, then you must at the same time either
transfer any copies of the Software as well as the supporting documentation to the same party or destroy any
such materials not transferred. Except as set forth above, you may not transfer or assign the Software or your
rights under this License Agreement.
Modification, reverse engineering, reverse compiling, or disassembly of the Software is expressly prohibited.
However, if you are a European Community ("EC") resident, information necessary to achieve interoperability
of the Software with other programs within the meaning of the EC Directive on the Legal Protection of
Computer Programs is available to you from 3Com upon written request.
EXPORT RESTRICTIONS: You agree that you will not export or re-export the Software or accompanying
documentation (or any copies thereof) or any products utilizing the Software or such documentation in
violation of any applicable laws or regulations of the United States and the country in which you obtained
them.
TRADE SECRETS; TITLE: You acknowledge and agree that the structure, sequence and organization of the
Software are the valuable trade secrets of 3Com and its suppliers. You agree to hold such trade secrets in
confidence. You further acknowledge and agree that ownership of, and title to, the Software and all
subsequent copies thereof regardless of the form or media are held by 3Com and its suppliers.
UNITED STATES GOVERNMENT LEGEND: All technical data and computer software are commercial in
nature and developed solely at private expense. The Software is delivered as "Commercial Computer
Software" as defined in DFARS 252.227-7014 (June 1995) or as a "commercial item" as defined in
FAR 2.101(a) and as such is provided with only such rights as are provided in this License Agreement, which is
3Com's standard commercial license for the Software. Technical data is provided with limited rights only as
provided in DFAR 252.227-7015 (Nov. 1995) or FAR 52.227-14 (June 1987), whichever is applicable. You
agree not to remove or deface any portion of any legend provided on any licensed program or
documentation delivered to you under this License Agreement.
TERM AND TERMINATION: This license will expire fifty (50) years from the date that you first use the
Software, if it is not earlier terminated. You may terminate it at any time by destroying the Software and
documentation together with all copies and merged portions in any form. It will also terminate immediately if
you fail to comply with any term or condition of this License Agreement. Upon such termination you agree to
destroy the Software and documentation, together with all copies and merged portions in any form.
GOVERNING LAW: This License Agreement shall be governed by the laws of the State of California as such
laws are applied to agreements entered into and to be performed entirely within California between
California residents and by the laws of the United States. You agree that the United Nations Convention on
Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this
License Agreement.
LIMITED WARRANTY; LIMITATION OF LIABILITY: All warranties and limitations of liability applicable to the
Software are as stated on the Limited Warranty Card or in the product manual, whether in paper or
electronic form, accompanying the Software. Such warranties and limitations of liability are incorporated
herein in their entirety by this reference.
SEVERABILITY: In the event any provision of this License Agreement is found to be invalid, illegal or
unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way
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