Notice
Local Management Supplement vii 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.
5. UNITED STATES GOVERNMENT RESTRICTED RIGHTS.
The enclosed Product (i)
was developed solely at private expense; (ii) contains “restricted computer software” submitted with
restricted rights in accordance with section 52.227-19 (a) through (d) of the Commercial Computer
Software-Restricted Rights Clause and its successors, and (iii) in all respects is proprietary data
belonging to Cabletron and/or its suppliers. For Department of Defense units, the Product is considered
commercial computer software in accordance with DFARS section 227.7202-3 and its successors, and
use, duplication, or disclosure by the Government is subject to restrictions set forth herein.
6. EXCLUSION OF WARRANTY.
Except as may be specifically provided by Cabletron in
writing, Cabletron makes no warranty, expressed or implied, concerning the Program (including its
documentation and media).
CABLETRON DISCLAIMS ALL WARRANTIES, OTHER THAN THOSE SUPPLIED TO
YOU BY CABLETRON IN WRITING, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO THE PROGRAM, THE ACCOMPANYING
WRITTEN MATERIALS, AND ANY ACCOMPANYING HARDWARE.
7.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL
CABLETRON OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR RELIANCE DAMAGES, OR OTHER LOSS) ARISING OUT OF THE
USE OR INABILITY TO USE THIS CABLETRON PRODUCT, EVEN IF CABLETRON HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, OR IN THE DURATION OR LIMITATION OF IMPLIED
WARRANTIES IN SOME INSTANCES, THE ABOVE LIMITATION AND EXCLUSIONS MAY
NOT APPLY TO YOU.