Cabletron Systems 9F122-12, 9F120-08, 9F125-0 Cabletron SYSTEMS, INC Program License Agreement

Notice

CABLETRON SYSTEMS, INC.

PROGRAM LICENSE AGREEMENT

IMPORTANT: THIS LICENSE APPLIES FOR USE OF PRODUCT IN THE FOLLOWING GEOGRAPHICAL REGIONS:

CANADA

MEXICO

CENTRAL AMERICA

SOUTH AMERICA

BEFORE OPENING OR UTILIZING THE ENCLOSED PRODUCT, CAREFULLY READ THIS LICENSE AGREEMENT.

This document is an agreement (“Agreement”) between You, the end user, and Cabletron Systems, Inc. (“Cabletron”) that sets fort h your rights and obligations with respect to the Cabletron software program (“Program”) in the package. The Program may be conta ined 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.

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.

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