E | END USER SOFTWARE LICENSE |
| |
| AGREEMENT |
IMPORTANT: READ BEFORE INSTALLING THE SOFTWARE 3Com END USER SOFTWARE LICENSE AGREEMENT
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE DOWNLOADING, INSTALLING AND USING THIS PRODUCT, THE USE OF WHICH IS LICENSED BY 3COM CORPORATION (ì3COMî) TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. DOWNLOADING, INSTALLING OR OTHERWISE USING ANY PART OF THE SOFTWARE OR DOCUMENTATION INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL OR OTHERWISE USE THE SOFTWARE OR DOCUMENTATION, DO NOT CLICK ON THE "I AGREE" OR SIMILAR BUTTON. AND IF YOU HAVE RECEIVED THE SOFTWARE AND DOCUMENTATION ON PHYSICAL MEDIA, RETURN THE ENTIRE PRODUCT WITH THE SOFTWARE AND DOCUMENTATION 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 ìSoftwareî) and accompanying documentation (the ìDocumentationî), 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 this 3Com product. 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 the Software and Documentation, you must at the same time either 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 (ìEUî) resident, information necessary to achieve interoperability of the Software with other programs within the meaning of the EU Directive on the Legal Protection of Computer Programs is available to you from 3Com upon written request.
EXPORT: This product, Software and/or technical data (collectively "Product") may contain encryption. This Product is subject to U.S. and EU export control laws and regulations and may be subject to export or import regulations in other countries, including controls on encryption products. You agree that you will not export, reexport or transfer the Product (or any copies thereof) or any products utilizing the Product in violation of any applicable laws or regulations of the United States or the country where you legally obtained it. You are responsible for obtaining any licenses to export, reexport, transfer or import the Product.
In addition to the above, the Product may not be used by, or exported or reexported to (i) any U.S.- or EU- sanctioned or embargoed country, or to nationals or residents of such countries; or (ii) to any person, entity, organization or other party identified on the U.S. Department of Commerce’s Table of Denial Orders or the U.S. Department of Treasury’s lists of "Specially Designated Nationals and Blocked Persons," as published and revised from time to time; (iii) to any party engaged in nuclear, chemical/biological weapons or missile proliferation activities, unless authorized by U.S. and local (as required) law or regulations.
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 ìCommercial Computer Softwareî as defined in DFARS