Enterasys Matrix 7H4284-49 Hardware Installation Manual page 10

ENTERASYS NETWORKS, INC. FIRMWARE LICENSE AGREEMENT
BEFORE OPENING OR UTILIZING THE ENCLOSED PRODUCT,
This document is an agreement ("Agreement") between the end user ("You") and Enterasys Networks, Inc.,
on behalf of itself and its Affiliates (as hereinafter defined) ("Enterasys") that sets forth Your rights and
obligations with respect to the Enterasys software program/firmware (including any accompanying
documentation, hardware or media) ("Program") in the package and prevails over any additional, conflicting
or inconsistent terms and conditions appearing on any purchase order or other document submitted by You.
"Affiliate" means any person, partnership, corporation, limited liability company, other form of enterprise
that directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under
common control with the party specified. This Agreement constitutes the entire understanding between the
parties, with respect to the subject matter of this Agreement. The Program may be contained in firmware,
chips or other media.
BY INSTALLING OR OTHERWISE USING THE PROGRAM, YOU REPRESENT THAT YOU ARE
AUTHORIZED TO ACCEPT THESE TERMS ON BEHALF OF THE END USER (IF THE END USER IS AN
ENTITY ON WHOSE BEHALF YOU ARE AUTHORIZED TO ACT, "YOU" AND "YOUR" SHALL BE
DEEMED TO REFER TO SUCH ENTITY) AND THAT YOU AGREE THAT YOU ARE BOUND BY THE
TERMS OF THIS AGREEMENT, WHICH INCLUDES, AMONG OTHER PROVISIONS, THE LICENSE, THE
DISCLAIMER OF WARRANTY AND THE LIMITATION OF LIABILITY. IF YOU DO NOT AGREE TO THE
TERMS OF THIS AGREEMENT OR ARE NOT AUTHORIZED TO ENTER INTO THIS AGREEMENT,
ENTERASYS IS UNWILLING TO LICENSE THE PROGRAM TO YOU AND YOU AGREE TO RETURN
THE UNOPENED PRODUCT TO ENTERASYS OR YOUR DEALER, IF ANY, WITHIN TEN (10) DAYS
FOLLOWING THE DATE OF RECEIPT FOR A FULL REFUND.
IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, CONTACT ENTERASYS NETWORKS,
LEGAL DEPARTMENT AT (978) 684‐1000.
You and Enterasys agree as follows:
1. LICENSE. You have the non‐exclusive and non‐transferable right to use only the one (1) copy of the
Program provided in this package subject to the terms and conditions of this Agreement.
2. RESTRICTIONS. Except as otherwise authorized in writing by Enterasys, You may not, nor may You
permit any third party to:
(a) Reverse engineer, decompile, disassemble or modify the Program, in whole or in part, including for
reasons of error correction or interoperability, except to the extent expressly permitted by applicable
law and to the extent the parties shall not be permitted by that applicable law, such rights are
expressly excluded. Information necessary to achieve interoperability or correct errors is available
from Enterasys upon request and upon payment of Enterasys' applicable fee.
(b) Incorporate the Program in whole or in part, in any other product or create derivative works based
on the Program, in whole or in part.
(c) Publish, disclose, copy reproduce or transmit the Program, in whole or in part.
(d) Assign, sell, license, sublicense, rent, lease, encumber by way of security interest, pledge or otherwise
transfer the Program, in whole or in part.
(e) Remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or
embedded in any part of the Program.
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CAREFULLY READ THIS LICENSE AGREEMENT.