Enterasys Networks RBT-1002C-EU, RBT-1002-EU manual Iii

in part, including for reasons of error correction or interoperability, except to the extent expressly permitted by applicable law and to the extent the parties shall not be permitted by that applicable law, such rights are expressly excluded. Information necessary to achieve interoperability or correct errors is available from Enterasys upon request and upon payment of Enterasys’ applicable fee.

(ii)Incorporate the Program, in whole or in part, in any other product or create derivative works based on the Program, in whole or in part.

(iii)Publish, disclose, copy, reproduce or transmit the Program, in whole or in part.

(iv)Assign, sell, license, sublicense, rent, lease, encumber by way of security interest, pledge or otherwise transfer the Program, in whole or in part.

(v)Remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the Program.

3.APPLICABLE LAW. This Agreement shall be interpreted and governed under the laws and in the state and federal courts of the Commonwealth of Massachusetts without regard to its conflicts of laws provisions. You accept the personal jurisdiction and venue of the Commonwealth of Massachusetts courts. None of the 1980 United Nations Convention on Contracts for the International Sale of Goods, the United Nations Convention on the Limitation Period in the International Sale of Goods, and the Uniform Computer Information Transactions Act shall apply to this Agreement.

4.EXPORT RESTRICTIONS. You understand that Enterasys 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 Program 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 Section 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, Cambodia, Cuba, Georgia, Iraq, Kazakhstan, Laos, Libya, Macau, Moldova, Mongolia, North Korea, the People’s Republic of China, Russia, 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.

III