Enterasys Matrix 7H4284-49 Hardware Installation Manual page 11

3. APPLICABLE LAW. This Agreement shall be interpreted and governed under the laws and in the state
and federal courts of the Commonwealth of Massachusetts without regard to its conflicts of laws provisions.
You accept the personal jurisdiction and venue of the Commonwealth of Massachusetts courts. None of the
1980 United Nations Convention on the Limitation Period in the International Sale of Goods, and the Uniform
Computer Information Transactions Act shall apply to this Agreement.
4. EXPORT RESTRICTIONS. You understand that Enterasys and its Affiliates are subject to regulation by
agencies of the U.S. Government, including the U.S. Department of Commerce, which prohibit export or
diversion of certain technical products to certain countries, unless a license to export the product is obtained
from the U.S. Government or an exception from obtaining such license may be relied upon by the exporting
party.
If the Program is exported from the United States pursuant to the License Exception CIV under the U.S.
Export Administration Regulations, You agree that You are a civil end user of the Program and agree that You
will use the Program for civil end uses only and not for military purposes.
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.
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