2.RESTRICTIONS. Except as otherwise authorized in writing by Enterasys, You may not, nor may You permit any third party to:

(i)Reverse engineer, decompile, disassemble or modify the Program, in whole or in part, including for reasons of error correction or interoperability, except to the extent expressly permitted by applicable law and to the extent the parties shall not be permitted by that applicable law, such rights are expressly excluded. Information necessary to achieve interoperability or correct errors is available from Enterasys upon request and upon payment of Enterasys’ applicable fee.

(ii)Incorporate the Program, in whole or in part, in any other product or create derivative works based on the Program, in whole or in part.

(iii)Publish, disclose, copy, reproduce or transmit the Program, in whole or in part.

(iv)Assign, sell, license, sublicense, rent, lease, encumber by way of security interest, pledge or otherwise transfer the Program, in whole or in part.

(v)Remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the Program.

3.APPLICABLE LAW. This Agreement shall be interpreted and governed under the laws and in the state and federal courts of the Commonwealth of Massachusetts without regard to its conflicts of laws provisions. You accept the personal jurisdiction and venue of the Commonwealth of Massachusetts courts. None of the 1980 United Nations Convention on Contracts for the International Sale of Goods, the United Nations Convention on the Limitation Period in the International Sale of Goods, and the Uniform Computer Information Transactions Act shall apply to this Agreement.

4.EXPORT RESTRICTIONS. You understand that Enterasys 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 Program 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.

ix

Page 11
Image 11
Enterasys Networks BL-69108ENT, BL-69551ENT manual