Copyright Notice
Copyright 1997 by Asanté Technologies, Inc.All rights reserved. No part of this manual, or any associated artwork, software, product design or design concept, may be copied, reproduced or stored, in whole or in part, in any form or by any means mechanical, electronic, optical, photocopying, recording or otherwise, including translation to another language or format, without the express written consent of Asanté Technologies, Inc.
TRADEMARKS Asanté and IntraSpection are trademarks of Asanté Technologies, Inc. 3Com is a registered trade- mark of 3Com Corporation. SuperStack II is a trademark of 3Com Corporation. Oracle is a registered trademark of Oracle Cor- poration. Java is a trademark of Sun Microsystems, Inc. in the United States and other countries. Netscape and Netscape Navigator are registered trademarks of Netscape Communications Corporation in the United States and other countries. Netscape FastTrack Server is also a trademark of Netscape Communications Corporation, which may be registered in other countries. UNIX is a registered trademark in the United States and other countries, exclusively licensed through X/Open Com- pany, Ltd.All brand names and products are trademarks or registered trademarks of their respective holders.
SOFTWARE LICENSE AGREEMENT This is a legal agreement between you (either an individual or an entity) and Asanté Technologies, Inc. By opening the package(s) containing the software you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, promptly return the unopened software package(s) and the accompanying items including written materials and binders or other container(s) to the place you obtained them for a full refund.
1.GRANT OF LICENSE. Asanté Technologies grants to you the right to use one copy of the enclosed Asanté Technologies software program per serial number (the “SOFTWARE” is in “use” on a computer when it is loaded into temporary memory (i.e., RAM) or installed into permanent memory (e.g., hard disk,
2.COPYRIGHT. The SOFTWARE is owned by Asanté Technologies or its suppliers and is protected by United States copyright laws and international treaty provisions.Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording) except that you may either (a) make one copy of the SOFTWARE solely for backup or archival pur- poses, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival pur- poses.You may not copy the written materials accompanying the software.
3.OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE and accompany- ing written materials on a permanent basis provided you retain no copies and the recipient agrees to the terms of this Agree- ment.You may not reverse engineer, decompile, or disassemble the SOFTWARE. If the SOFTWARE is an update or has been updated, any transfer must include the most recent update and all prior versions.
LIMITED WARRANTY Asanté Technologies, Inc. warrants that the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt.Any implied war- ranties on the SOFTWARE are limited to ninety (90) days. Some states/countries do not allow limitations of duration of an implied warranty, so the above limitation may not apply to you.
CUSTOMER REMEDIES Asanté Technologies’ and its suppliers’ entire liability and your exclusive remedy shall be, at Asanté Technologies’ option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE that does not meet Asanté Technologies’ Limited Warranty and which is returned to Asanté Technologies with a copy of your receipt.This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period. Outside the United States, these remedies are not available without proof of purchase from an authorized
NO OTHER WARRANTIES Asanté Technologies and its suppliers disclaim all other warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE, the accompanying written materials, and any accompanying hardware.This limited warranty gives you spe- cific legal rights.You may have others which vary from state to state or country to country.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES AsantéTechnologies expressly disclaims all liability for any indirect or consequential damages whatsoever (including, without limitation, damages for loss of business prof- its, business interrupted, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this Asanté Technologies product, even if Asanté Technologies has been advised of the possibility of such damages.Any suit or legal action relating to this Agreement or Licensed Programs must be brought within one (1) year of the date the programs are purchased by the original licensee. Because some states/countries do not allow the exclusion or limitation of liability for conse- quential or incidental damages, the above limitation may not apply to you.
LIMITATION OF LIABILITY The liability of Asanté Technologies, Inc. arising from this warranty and sale shall be limited to a refund of the purchase price. In no event shall Asanté Technologies, Inc. be liable for costs of procurement of substitute products or services, or for any lost profits, or for any consequential, incidental, direct or indirect damages, however caused and on any theory of liability, arising from this warranty and sale.
U.S. GOVERNMENT Restricted Rights The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the The Rights in Technical Data and Computer Software clause at DFARS
(2) of the Commercial Computer
Manufacturer is Asanté Technologies, Inc., 821 Fox Lane, San Jose, California 95131. If you acquired this product in the United States, this Agreement is governed by the laws of the State of California. Should you have any questions concerning this Agree- ment, please contact your local Asanté Technologies subsidiary or sales office, or write to Asanté Technologies.
WARRANTY DISCLAIMERS Asanté Technologies, Inc. makes no other warranties, express, implied, or oth- erwise, regarding the SuperStack II Switch 1000 Personality Module, and specifically disclaims any warranty for merchantability or fitness for a particular purpose.The exclusion of implied warranties is not permitted in some states and the exclusions spec- ified herein may not apply to you.This warranty provides you with specific legal rights.There may be other rights that you have which vary from state to state.