3COM END USER SOFTWARE LICENSE AGREEMENT
IMPORTANT: Read Before Using This Product
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING AND USING, THE
USE OF WHICH IS LICENSED BY 3COM CORPORATION (“3COM”) TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET
FORTH BELOW. INSTALLING OR USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS
AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL
OR USE THE SOFTWARE. YOU SHOULD RETURN THE ENTIRE PRODUCT WITH THE SOFTWARE UNUSED TO THE
SUPPLIER WHERE YOU OBTAINED IT.
LICENSE: 3Com grants you a nonexclusive, nontransferable (except as specified herein) license to use the accompanying software program(s) in executable form (the “Software”) and accompanying documentation (the “Documentation”), subject to the terms and restrictions set forth in this Agreement. You are not permitted to lease, rent, distribute or sublicense (except as specified herein) the Software or Documentation or to use the Software or Documentation in a
Subject to the restrictions set forth herein, the Software is licensed to be used on any workstation or any network server owned by or leased to you, for your internal use, provided that the Software is used only in connection with a 3Com adapter. You may reproduce and provide one (1) copy of the Software and Documentation for each such workstation or network server on which the Software is used as permitted hereunder. Otherwise, the Software and Documentation may be copied only as essential for backup or archive purposes in support of your use of the Software as permitted hereunder. Each copy of the Software and Documentation must contain 3Com’s and its licensors’ proprietary rights and copyright notices in the same form as on the original. You agree not to remove or deface any portion of any legend provided on any licensed program or documentation delivered to you under this Agreement.
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 Union (“EU”) 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
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
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.