Extreme Networks IA-A-20 Installation Manual page 30

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9 MAINTENANCE AND UPDATES. Except as otherwise defined below, updates and certain
maintenance and support services, if any, shall be provided to You pursuant to the terms of an
Extreme Service and Maintenance Agreement, if Extreme and You enter into such an agreement.
Except as specifically set forth in such agreement, Extreme shall not be under any obligation to
provide updates, modifications, or enhancements, or maintenance and support services for the
Licensed Materials to You. If you have purchased Licensed Materials on a subscription basis then the
applicable service terms for Your Licensed Materials are as provided in Your Ordering
Documentation. Extreme will perform the maintenance and updates in a timely and professional
manner, during the Term of Your subscription, using qualified and experienced personnel. You will
cooperate in good faith with Extreme in the performance of the support services including, but not
limited to, providing Extreme with: (a) access to the Extreme Licensed Materials (and related
systems); and (b) reasonably requested assistance and information. Further information about the
applicable maintenance and updates terms can be found on Extreme's website at http://
www.extremenetworks.com/company/legal/terms-of-support10. DEFAULT AND TERMINATION. In
the event that You shall fail to keep, observe, or perform any obligation under this Agreement,
including a failure to pay any sums due to Extreme, or in the event that you become insolvent or
seek protection, voluntarily or involuntarily, under any bankruptcy law, Extreme may, in addition to
any other remedies it may have under law, terminate the License and any other agreements
between Extreme and You.
a Immediately after any termination of the Agreement, Your licensed subscription term, or if You
have for any reason discontinued use of Licensed Materials, You shall return to Extreme the
original and any copies of the Licensed Materials and remove the Licensed Materials, including
an Licensed Software, from any modular works made pursuant to Section 3, and certify in
writing that through your best efforts and to the best of your knowledge the original and all
copies of the terminated or discontinued Licensed Materials have been returned to Extreme.
b Sections 1, 7, 8, 10, 11, 12, 13, 14 and 15 shall survive termination of this Agreement for any reason.
10 DEFAULT AND TERMINATION. In the event that You shall fail to keep, observe, or perform any
obligation under this Agreement, including a failure to pay any sums due to Extreme, or in the event
that you become insolvent or seek protection, voluntarily or involuntarily, under any bankruptcy
law, Extreme may, in addition to any other remedies it may have under law, terminate the License
and any other agreements between Extreme and You.
a Immediately after any termination of the Agreement or if You have for any reason discontinued
use of Software, You shall return to Extreme the original and any copies of the Licensed
Materials and remove the Licensed Software from any modular works made pursuant to Section
3, and certify in writing that through your best efforts and to the best of your knowledge the
original and all copies of the terminated or discontinued Licensed Materials have been returned
to Extreme.
b Sections 1, 7, 8, 10, 11, 12, 13, 14 and 15 shall survive termination of this Agreement for any reason.
11 EXPORT REQUIREMENTS. You are advised that the Licensed Materials, including the Licensed
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 Licensed Materials, including the Licensed 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 UNITED STATES GOVERNMENT RESTRICTED RIGHTS. The Licensed Materials (i) were developed
solely at private expense; (ii) contain "restricted computer software" submitted with restricted
IA-A-20 and IA-A-300 Installation Guide
®
Extreme Networks
License Agreement
30

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