IV
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.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL ENTERASYS OR ITS
SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR RELIANCE DAMAGES, OR OTHER LOSS)
ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM, EVEN IF
ENTERASYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS FOREGOING LIMITATION SHALL APPLY REGARDLESS OF THE CAUSE
OF ACTION UNDER WHICH DAMAGES ARE SOUGHT.
THE CUMULATIVE LIABILITY OF ENTERASYS TO YOU FOR ALL CLAIMS
RELATING TO THE PROGRAM, IN CONTRACT, TORT OR OTHERWISE, SHALL
NOT EXCEED THE TOTAL AMOUNT OF FEES PAID TO ENTERASYS BY YOU
FOR THE RIGHTS GRANTED HEREIN.