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
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
The 3Com product and/or software covered by this agreement may contain encryption code which is unlawful to export from the US or Canada without an approved US Department of Commerce export license. You agree that you will not export, reexport, either physically or electronically, any encrypted product without an approved export license.
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
TERM AND TERMINATION: This license will expire fifty (50) years from the date that you first use the Software, if it is not earlier terminated. You may terminate it at any time by destroying the Software and documentation together with all copies and merged portions in any form. It will also terminate immediately if you fail to comply with any term or condition of this License Agreement. Upon such termination you agree to destroy the Software and documentation, together with all copies and merged portions in any form.
GOVERNING LAW: This License Agreement shall be governed by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents and by the laws of the United States. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this License Agreement.
LIMITED WARRANTY; 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. Such warranties and limitations of liability are incorporated herein in their entirety by this reference.
SEVERABILITY: In the event any provision of this License 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 License Agreement sets forth the entire understanding and agreement between you and 3Com, supersedes all prior agreements, whether written or oral, with respect to the Software, and may be amended only in a writing signed by both parties.
3Com is a registered trademark of 3Com Corporation.
3Com Corporation, 5400 Bayfront Plaza, P.O. Box 58145, Santa Clara, CA
