III
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.
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 Section 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, Cambodia,
Cuba, Georgia, Iraq, Kazakhstan, Laos, Libya, Macau, Moldova, Mongolia, North Korea,
the People’s Republic of China, Russia, 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.