Notice
6.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 EXPRESS 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.
7.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 IN THE DURATION OR LIMITATION OF IMPLIED WARRANTIES IN SOME INSTANCES, THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
CABLETRON SYSTEMS SALES AND SERVICE, INC.
PROGRAM LICENSE AGREEMENT
IMPORTANT: THIS LICENSE APPLIES FOR USE OF PRODUCT IN THE UNITED STATES OF AMERICA AND BY UNITED STATES OF AMERICA GOVERNMENT END USERS.
BEFORE OPENING OR UTILIZING THE ENCLOSED PRODUCT, CAREFULLY READ THIS LICENSE AGREEMENT.
This document is an agreement (“Agreement”) between You, the end user, and Cabletron Systems Sales and Service, Inc. (“Cabletron”) that sets forth your rights and obligations with respect to the Cabletron software program (“Program”) in the package. The Program may be contained in firmware, chips or other media. UTILIZING THE ENCLOSED PRODUCT, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDES THE LICENSE AND THE LIMITATION OF WARRANTY AND DISCLAIMER OF LIABILITY. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, RETURN THE UNOPENED PRODUCT TO CABLETRON OR YOUR DEALER, IF ANY, WITHIN TEN (10) DAYS FOLLOWING THE DATE OF RECEIPT FOR A FULL REFUND.
IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, CONTACT CABLETRON SYSTEMS
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.
4.EXPORT REQUIREMENTS. You understand that Cabletron 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 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 o r any major component of a plant,