3Com 3C985B-SX 3Com End User Software License Agreement, No Assignment No Reverse Engineering

Warranty and Software License Agreement

3Com End User Software License Agreement

IMPORTANT: Read Before Using This Product

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. IT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED BY 3COM CORPORATION ("3COM") TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.

LICENSE

3Com grants you a nonexclusive license to use the accompanying software program(s) (the "Software") subject to the terms and restrictions set forth in this License Agreement. You are not permitted to lease, rent, distribute or sublicense the Software or to use the Software in a time-sharing arrangement or in any other unauthorized manner. Further, no license is granted to you in the human readable code of the Software (source code). Except as provided below, this License Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the Software.

The Software is licensed to be used on any workstation or any network server owned by or leased to you, 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 supporting documentation for each such workstation or network server on which the Software is used as permitted hereunder. Otherwise, the Software and supporting documentation may be copied only as essential for backup or archive purposes in support of your use of the Software as permitted hereunder. You must reproduce and include all copyright notices and any other proprietary rights notices appearing on the Software and the supporting documentation on any copies that you make.

NO ASSIGNMENT; NO REVERSE ENGINEERING

You may not transfer or assign the Software and/or this License Agreement to another party without the prior written consent of 3Com. If such consent is given and you transfer or assign the Software and/or this License Agreement, then you must at the same time either transfer any copies of the Software as well as the supporting documentation to the same party or destroy any such materials not transferred. Except as set forth above, you may not transfer or assign the Software or your rights under this License 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 re-export the Software or accompanying documentation (or any copies thereof) or any products utilizing the Software or such documentation in violation of any applicable laws or regulations of the United States and the country in which you obtained them.

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 all subsequent copies thereof regardless of the form or media are held by 3Com and its suppliers.

UNITED STATES GOVERNMENT LEGEND

All technical data and computer software are commercial in nature and developed solely at private expense. The Software is delivered as "Commercial Computer Software" as defined in DFARS 252.227-7014 (June 1995) or as a "commercial item" as defined in FAR 2.101(a) and as such is provided with only such rights as are provided in this License Agreement, which is 3Com’s standard commercial license for the Software. Technical data is provided with limited rights only as provided in DFAR 252.227-7015 (Nov. 1995) or FAR 52.227-14 (June 1987), whichever is applicable. You agree not to remove or deface any portion of any legend provided on any licensed program or documentation delivered to you under this License Agreement.