Notice
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9033060
Ifthe Program is exported from theUnited States pursu ant to the License Exception TSR under
theU.S. Export Admini stration Regulations, in addition to the restriction on transfer set forth in
Sections1 or 2 of this Agreement,You agree not to (i) reexportor release the Program, the source
codefor the Program o r technology to a national of a country in Country Groups D:1 or E :2 (Albania,
Armenia,Aze rbaijan, Belarus, Bulgaria, Cambodia, Cuba, Estonia, Georgia,Iraq , Kazakhstan,
Kyrgyzstan,Laos, Latvia, Li bya,L ithuania, Moldova, North Korea, the People’s Republic of China,
Romania,Russia, Rwan da, Tajikistan,Turkmenistan, Ukraine, Uzb ekistan, Vietnam, orsuc ho ther
countriesas may be de signated by the United States Government), (ii) export to Country Groups D:1
orE:2 (as defined herein) t hedi rect product of the Program or the technology, if such foreign
produceddirec t product is subject to national security controls as identified on the U.S.Comme rce
ControlList, or (iii) if t hed irect product of the technology is a complete plant o r any major
componentof a pl ant, export to Country Groups D:1 or E:2 the direct product of the plant or a m ajor
componentthere of, if such foreign produced direct product is subject to national security controls as
identifiedon the U.S. Co mmerce Control List or is subject to State Department controls under th e
U.S.Munitions List.
5. UNITEDSTAT ES GOVERNMENT RESTRICTED RIGHTS. The enclosed Product (i)
wasdeveloped solely at private expense;(ii) contains “restricted computersoftware” submitted with
restrictedrigh ts in accordance with section 52.227-19 (a) through (d) of the Commercial C omputer
Software-RestrictedR ights Clause and its successors, and (iii) in all respects is proprietary data
belongingto Cabletron and/or its supplier s. For Department of Defense units, the Product is consi dered
commercialcomputer softw arei na ccordance with DFARS section 227.7202-3 and its successors, and
use,duplication, or disclosu re by the Government is subject to restrictions set forth herein.
6. EXCLUSIONOF WARRANTY. Except as may be specifically provi ded by Cabletron in
writing,Cablet ron makes no warranty, expressed or implied, concerning the Program (including i ts
documentationand media).
CABLETRONDISCLAIMS ALL WARRANTIES, OTHER THAN THOSE SUPPLIED TO
YOUBY CABLETRON IN WRITING, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOTLIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITYAND FITNESS FOR A
PARTICULARPURPOSE, WITH RESPECT TO THE PROGRAM, THE ACCOMPANYING
WRITTENMATERIALS, AND ANY ACCOMPANYINGHARDWARE.
7. NOLIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL
CABLETRONOR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING,WITHOUT LIMITATION, DAMAGES FOR LO SS OF BUSINESS, PROFITS,
BUSINESSINTERRUPTION, LOSS OF BUSIN ESS INFORMATION, SPECIAL, INCIDENTAL,
CONSEQUENTIAL,OR RELIANCE DAMAGES, OR OTHER LOSS) ARISING OUTOF THE
USEOR INABILITY TO USE THIS CABLETRON PRODUCT, EVEN IF CABLETRON HAS
BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO
NOTALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTALDAMAGES, OR IN THE DURATION OR LIMITATION OF IMPLIED
WARRANTIESIN SOME INSTANCES, THE ABOVE LIMITATION AND EXCLUSIONS MAY
NOTAPPLY TO YOU.