Cabletron Systems 2200 , CABLETRON SYSTEMS SALES AND SERVICE, INC.

CABLETRON SYSTEMS SALES AND SERVICE, INC.

PROGRAM LICENSE AGREEMENT

IMPORTANT:THIS LICENSE APPLIES FOR USE OF PRODUCT IN THE UNITED STATES OF AMERICA

AND BY UNITED STATES OF AMERICA GOVERNMENT END USERS.

BEFORE OPENING OR UTILIZING THE ENCLOSED PRODUCT, CAREFULLY READ

THIS LICENSE AGREEMENT.

This document is an agreement (“Agreement”) between Y ou, the end user , and Cabletron Systems Sales and Service, Inc.

(“Cabletron”) that sets forth your rights and obligations with respect to the Cabletron software program (“Program”) in

the package. The Program may be contained in ﬁrmware, chips or other media. UTILIZING THE ENCLOSED

PRODUCT, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT, WHICH

INCLUDES THE LICENSE AND THE LIMITATION OF WARRANTY AND DISCLAIMER OF LIABILITY. IF

YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, RETURN THE UNOPENED PRODUCT TO

CABLETRON OR YOUR DEALER, IF ANY, WITHIN TEN (10) DAYS FOLLOWING THE DATE OF RECEIPT

FOR A FULL REFUND.

IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, CONTACT CABLETRON SYSTEMS

+1-603-332-9400. Attn: Legal Department.

1. LICENSE.

You have the right to use only the one (1) copy of the Program provided in this package subject to the

terms and conditions of this License Agreement.

You may not copy, reproduce or transmit any part of the Program except as permitted by the Copyright Act of the

United States or as authorized in writing by Cabletron.

2. OTHER RESTRICTIONS.

You may not reverse engineer, decompile, or disassemble the Program.

3. APPLICABLE LAW.

This License Agreement shall be interpreted and governed under the laws and in the state

and federal courts of New Hampshire. You accept the personal jurisdiction and venue of the New Hampshire courts.

4. EXPORT REQUIREMENTS.

You understand that Cabletron and its Affiliates are subject to regulation by

agencies of the U.S. Government, including the U.S. Department of Commerce, which prohibit export or diversion of

certain technical products to certain countries, unless a license to export the product is obtained from the U.S. Government

or an exception from obtaining such license may be relied upon by the exporting party.

If the Program is exported from the United States pursuant to the License Exception CIV under the U.S. Export

Administration Regulations, You agree that You are a civil end user of the Program and agree that You will use the

Program for civil end uses only and not for military purposes.

If the Program is exported from the United States pursuant to the License Exception TSR under the U.S. Export

Administration Regulations, in addition to the restriction on transfer set forth in Sections 1 or 2 of this Agreement, You

agree not to (i) reexport or release the Program, the source code for the Program or technology to a national of a country

in Country Groups D:1 or E:2 (Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, Cuba, Estonia, Georgia,

Iraq, Kazakhstan, Kyrgyzstan, Laos, Latvia, Libya, Lithuania, Moldova, North Korea, the People’s Republic of China,

Romania, Russia, Rwanda, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, Vietnam, or such other countries as may be

designated by the United States Government), (ii) export to Country Groups D:1 or E:2 (as deﬁned herein) the direct

product of the Program or the technology, if such foreign produced direct product is subject to national security controls

as identiﬁed on the U.S. Commerce Control List, or (iii) if the direct product of the technology is a complete plant o r

any major component of a plant, export to Country Groups D:1 or E:2 the direct product of the plant or a major

component thereof, if such foreign produced direct product is subject to national security controls as identiﬁed on the

U.S. Commerce Control List or is subject to State Department controls under the U.S. Munitions List.