Cabletron Software Program License

Notice

1.LICENSE. You have the right to use only the one (1) copy of the Program provided in this package subject to the terms and conditions of this License Agreement.

You may not copy, reproduce or transmit any part of the Program except as permitted by the Copyright Act of the United States or as authorized in writing by Cabletron.

2.OTHER RESTRICTIONS. You may not reverse engineer, decompile, or disassemble the Program.

3.APPLICABLE LAW. This License Agreement shall be interpreted and governed under the laws and in the state and federal courts of New Hampshire. You accept the personal jurisdiction and venue of the New Hampshire courts.

EXCLUSION OF WARRANTY AND DISCLAIMER OF LIABILITY

1.EXCLUSION OF WARRANTY. Except as may be specifically provided by Cabletron in writing, Cabletron makes no warranty, expressed or implied, concerning the Program (including its documentation and media).

CABLETRON DISCLAIMS ALL WARRANTIES, OTHER THAN THOSE SUPPLIED TO YOU BY CABLETRON IN WRITING, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PROGRAM, THE ACCOMPANYING WRITTEN MATERIALS, AND ANY ACCOMPANYING HARDWARE.

2.NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL CABLETRON 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 THIS CABLETRON PRODUCT, EVEN IF CABLETRON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR ON THE DURATION OR LIMITATION OF IMPLIED WARRANTIES, IN SOME INSTANCES THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

UNITED STATES GOVERNMENT RESTRICTED RIGHTS

The enclosed product (a) was developed solely at private expense; (b) contains “restricted computer software” submitted with restricted rights in accordance with Section 52227-19 (a) through (d) of the Commercial Computer Software - Restricted Rights Clause and its successors, and (c) in all respects is proprietary data belonging to Cabletron and/or its suppliers.

For Department of Defense units, the product is licensed with “Restricted Rights” as deﬁned in the DoD Supplement to the Federal Acquisition Regulations, Section 52.227-7013 (c) (1) (ii) and its successors, and use, duplication, disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at

252.227-7013. Cabletron Systems, Inc., 35 Industrial Way, Rochester, New Hampshire 03867-0505.

FOMIM User’s Guide

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