158APPENDIX D: END USER SOFTWARE LICENSE AGREEMENT
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: The licenses granted hereunder are perpetual unless terminated earlier as specified below. You may terminate the licenses and this Agreement at any time by destroying the Software and Documentation together with all copies and merged portions in any form. The licenses and this Agreement 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; however, this End User Software License Agreement amends such Limited Warranty Card or product manual as follows: 3Com's warranty and warranty disclaimers for the materials runs from 3Com to the purchasing Internet Service Provider only (not the end user of the materials), and such warranty is only for a total of fifteen (15) months from the date of manufacture. Such warranties and limitations of liability are incorporated herein in their entirety by this reference. THERE ARE NO IMPLIED WARRANTIES. THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED.
GOVERNING LAW: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, 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 concern this Agreement or if you desire to contact 3Com for any reason, please contact the 3Com subsidiary serving your country, or write:
3Com Corporation, 350 Campus Drive, Marlborough, MA. USA
