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9)
OWNERSHIP. This is a license agreement and not an agreement for sale. You acknowledge and agree that the
Program constitutes trade secrets and/or copyrighted material of Enterasys and/or its suppliers. You agree to implement
reasonable security measures to protect such trade secrets and copyrighted material. All right, title and interest in and to the
Program shall remain with Enterasys and/or its suppliers. All rights not specifically granted to You shall be reserved to
Enterasys.
10)
ENFORCEMENT. You acknowledge and agree that any breach of Sections 2, 4, or 9 of this Agreement by You may
cause Enterasys irreparable damage for which recovery of money damages would be inadequate, and that Enterasys may be
entitled to seek timely injunctive relief to protect Enterasys' rights under this Agreement in addition to any and all remedies
available at law.
11)
ASSIGNMENT. You may not assign, transfer or sublicense this Agreement or any of Your rights or obligations under
this Agreement, except that You may assign this Agreement to any person or entity which acquires substantially all of Your
stock or assets. Enterasys may assign this Agreement in its sole discretion. This Agreement shall be binding upon and inure to
the benefit of the parties, their legal representatives, permitted transferees, successors and assigns as permitted by this
Agreement. Any attempted assignment, transfer or sublicense in violation of the terms of this Agreement shall be void and a
breach of this Agreement.
12)
WAIVER. A waiver by Enterasys of a breach of any of the terms and conditions of this Agreement must be in writing
and will not be construed as a waiver of any subsequent breach of such term or condition. Enterasys' failure to enforce a term
upon Your breach of such term shall not be construed as a waiver of Your breach or prevent enforcement on any other occasion.
13)
SEVERABILITY. In the event any provision of this 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 be affected or impaired thereby,
and that provision shall be reformed, construed and enforced to the maximum extent permissible. Any such invalidity,
illegality or unenforceability in any jurisdiction shall not invalidate or render illegal or unenforceable such provision in any
other jurisdiction.
14)
TERMINATION. Enterasys may terminate this Agreement immediately upon Your breach of any of the terms and
conditions of this Agreement. Upon any such termination, You shall immediately cease all use of the Program and shall return
to Enterasys the Program and all copies of the Program.
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