Appendix D

United States Government Restricted Rights

Program License Agreement & Support

 

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 or 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.

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 Enterasys 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.

Exclusion of Warranty

Except as may be specifically provided by Enterasys in writing, Enterasys makes no warranty, expressed or implied, concerning the Program (including its documentation and media).

ENTERASYS DISCLAIMS ALL WARRANTIES, OTHER THAN THOSE SUPPLIED TO YOU BY Enterasys 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.

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Enterasys Networks ANG-1100 manual United States Government Restricted Rights, Exclusion of Warranty