ASSIGNMENT; NO REVERSE ENGINEERING: You may transfer the Software, Documentation and the licenses granted herein to another party in the same country in which you obtained the Software and Documentation if the other party agrees in writing to accept and be bound by the terms and conditions of this Agreement. If you transfer all copies of the Software and Documentation to the party or you must destroy any copies not transferred. Except as set forth above, you may not assign or transfer your rights under this Agreement.
Modification, reverse engineering, reverse compiling, or disassembly of the Software is expressly prohibited. However, if you are a European Community (“EC”) resident, information necessary to achieve interoperability of the Software with other programs within the meaning of the EC Directive on the Legal Protection of Computer Programs is available to you from 3Com upon written request.
EXPORT RESTRICTIONS: You agree that you will not export or
In addition, the Technical Data covered by this Agreement may contain data encryption code which is unlawful to export or transfer from the United States or Canada without an approved US Department of Commerce export license and/or appropriate foreign export or import license. You are responsible for obtaining any licenses to export,
TRADE SECRETS; TITLE: You acknowledge and agree that the structure, sequence and organization of the Software are the valuable trade secrets of 3Com and its suppliers. You agree to hold such trade secrets in confidence. You further acknowledge and agree that ownership of, and title to, the Software and Documentation and all subsequent copies thereof regardless of the form or media are held by 3Com and its suppliers.
UNITED STATES GOVERNMENT LEGENDS: The Software, Documentation and any other technical data provided hereunder is commercial in nature and developed solely at private expense. The Software is delivered as “Commercial Computer Software” as defined in DFARS
or FAR
TERM AND TERMINATION: This Agreement and license will expire fifty (50) years from the date that you install the Software and Documentation, if it is not terminated earlier. You may terminate it at any time by destroying the Software and Documentation together with all copies and merged portions in any form. It will also terminate immediately if you fail to comply with any term or condition of this Agreement. Upon such termination you agree to destroy the Software and Documentation, together with all copies and merged portions in any form.
LIMITED WARRANTIES AND LIMITATION OF LIABILITY: All warranties and limitations of liability applicable to the Software are as stated on the Limited Warranty Card or in the product manual, whether in paper or electronic form, accompanying the Software. Such warranties and limitations of liability are incorporated herein in their entirety by this reference.
GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, U.S.A. excluding its conflicts of laws principles and excluding the United Nations Convention on Contracts for the International Sale of Goods.
SEVERABILITY: In the event any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefor.
ENTIRE AGREEMENT: This Agreement sets forth the entire understanding and agreement between you and 3Com and supersedes all prior agreements, whether written or oral, with respect to the Software and Documentation, and may be amended only in a writing signed by both parties.
Should you have any questions concerning this Agreement or if you desire to contact 3Com for any reason, please contact the 3Com subsidiary serving your country, or write: 3Com Corporation, Customer Support Information, 5400 Bayfront Plaza, Santa Clara, CA 95052