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 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.
5.UNITED STATES GOVERNMENT RESTRICTED RIGHTS. The enclosed Program (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 Program 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.
6.DISCLAIMER OF WARRANTY. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED TO YOU IN WRITING BY ENTERASYS, ENTERASYS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON‐ INFRINGEMENT WITH RESPECT TO THE PROGRAM. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED BY APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS AFTER DELIVERY OF THE PROGRAM TO YOU.
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