Enterasys X-Pedition XSR-1805 Getting Started Manual page 9

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 Sections 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, Bulgaria, Cambodia, Cuba, Estonia, Georgia, Iraq,
Kazakhstan, Kyrgyzstan, Laos, Latvia, Libya, Lithuania, Moldova, North Korea, the People's Republic of China, Romania,
Russia, Rwanda, 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 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.
THE CUMULATIVE LIABILITY OF ENTERASYS TO YOU FOR ALL CLAIMS RELATING TO THE PROGRAM, IN
CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID TO ENTERASYS BY
YOU FOR THE RIGHTS GRANTED HEREIN.
8. AUDIT RIGHTS. You hereby acknowledge that the intellectual property rights associated with the Program are of critical
value to Enterasys and, accordingly, You hereby agree to maintain complete books, records and accounts showing (i) license
fees due and paid, and (ii) the use, copying and deployment of the Program. You also grant to Enterasys and its authorized
representatives, upon reasonable notice, the right to audit and examine during Your normal business hours, Your books,
records, accounts and hardware devices upon which the Program may be deployed to verify compliance with this
Agreement, including the verification of the license fees due and paid Enterasys and the use, copying and deployment of
the Program. Enterasys' right of examination shall be exercised reasonably, in good faith and in a manner calculated to not
unreasonably interfere with Your business. In the event such audit discovers non‐compliance with this Agreement,
including copies of the Program made, used or deployed in breach of this Agreement, You shall promptly pay to Enterasys
the appropriate license fees. Enterasys reserves the right, to be exercised in its sole discretion and without prior notice, to
terminate this license, effective immediately, for failure to comply with 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.
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.
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