Enterasys Networks License Agreement | Appendix D |
| License Agreement & Support |
SUBJECT MATTER OF THE CAUSE OF ACTION. IN NO EVENT SHALL ENTERASYS BE LIABLE FOR ANY LOST OR ANTICIPATED PROFITS OR SAVINGS, OR ANY INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE, AND WHETHER OR NOT ENTERASYS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT PERMIT DISCLAIMERS OF IMPLIED WARRANTIES OR OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
Termination
Enterasys may terminate this license agreement and Licensee's right to use the Licensed Software if Licensee materially breaches the terms of this Agreement or fails to pay the licensee fee when due, and fails to cure such breach within thirty days of notice thereof by Enterasys.
International Provisions
Licensee agrees that it shall not directly or indirectly export the Licensed Software, individually or as part of a system, without first obtaining a license from the U.S. Department of Commerce or any other appropriate agency of the U.S. Government, as required. Diversion of products contrary to U.S. law is prohibited.
Applicable Law
The parties agree that this license shall be governed by the substantive laws of the Commonwealth of Massachusetts and the United States. The exclusive jurisdiction for any dispute regarding this Agreement shall be in the United States of America or, for Licensees located in Europe, London, England. The parties expressly disclaim the applicability of the U.N. Convention on the Sales of Goods.
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