CABLETRON SYSTEMS, INC. PROGRAM LICENSE AGREEMENT
IMPORTANT: Before utilizing this product, carefully read this License Agreement.
This document is an agreement between you, the end user, and Cabletron Systems, Inc. (“Cabletron”) that sets forth your rights and obligations with respect to the Cabletron software program (the “Program”) contained in this package. The Program may be contained in firmware, chips or other media. BY 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, PROMPTLY RETURN THE UNUSED PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND.
CABLETRON SOFTWARE PROGRAM LICENSE
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.