ENTERASYS NETWORKS, INC. SOFTWARE LICENSE AGREEMENT
This document is an agreement (“Agreement”) between You, the end user, and Enterasys Networks, Inc. on behalf of itself and its Affiliates (“Enterasys”) that sets forth your rights and obligations with respect to the software contained in CD‐ROM or other media. “Affiliates” means any person, partnership, corporation, limited liability company, or other form of enterprise that directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with the party specified. BY INSTALLING THE ENCLOSED PRODUCT, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDES THE LICENSE AND THE LIMITATION OF WARRANTY AND DISCLAIMER OF LIABILITY. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, RETURN THE UNOPENED PRODUCT TO ENTERASYS OR YOUR DEALER, IF ANY, WITHIN TEN (10) DAYS FOLLOWING THE DATE OF RECEIPT FOR A FULL REFUND.
IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, CONTACT ENTERASYS NETWORKS, INC. (978) 684‐1000. Attn: Legal Department.
Enterasys will grant You a non‐transferable, non‐exclusive license to use the machine‐readable form of software (the “Licensed Software”) and the accompanying documentation (the Licensed Software, the media embodying the Licensed Software, and the documentation are collectively referred to in this Agreement as the “Licensed Materials”) on one single computer if You agree to the following terms and conditions:
1.TERM. This Agreement is effective from the date on which You open the package containing the Licensed Materials. You may terminate the Agreement at any time by destroying the Licensed Materials, together with all copies, modifications and merged portions in any form. The Agreement and your license to use the Licensed Materials will also terminate if You fail to comply with any term or condition herein.
2.GRANT OF SOFTWARE LICENSE. The license granted to You by Enterasys when You open this sealed package authorizes You to use the Licensed Software on any one, single computer only, or any replacement for that computer, for internal use only. A separate license, under a separate Software License Agreement, is required for any other computer on which You or another individual or employee intend to use the Licensed Software. YOU MAY NOT USE, COPY, OR MODIFY THE LICENSED MATERIALS, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.
3.RESTRICTION AGAINST COPYING OR MODIFYING LICENSED MATERIALS. Except as expressly permitted in this Agreement, You may not copy or otherwise reproduce the Licensed Materials. In no event does the limited copying or reproduction permitted under this Agreement include the right to decompile, disassemble, electronically transfer, or reverse engineer the Licensed Software, or to translate the Licensed Software into another computer language.
The media embodying the Licensed Software may be copied by You, in whole or in part, into printed or machine readable form, in sufficient numbers only for backup or archival purposes, or to replace a worn or defective copy. However, You agree not to have more than two (2) copies of the Licensed Software in whole or in part, including the original media, in your possession for said purposes without Enterasys’ prior written consent, and in no event shall You operate more than one copy of the Licensed Software. You may not copy or reproduce the documentation. You agree to maintain appropriate records of the location of the original media and all copies of the Licensed Software, in whole or in part, made by You. You may modify the machine‐readable form of the Licensed Software for (1) your own internal use or (2) to merge the Licensed Software into other program material to form a modular work for your own use, provided that such work remains modular, but on termination of this Agreement, You are required to completely remove the Licensed Software from any such modular work. Any portion of the Licensed Software included in any such modular work shall be used only on a single computer for internal purposes and shall remain subject to all the terms and conditions of this Agreement.
You agree to include any copyright or other proprietary notice set forth on the label of the media embodying the Licensed Software on any copy of the Licensed Software in any form, in whole or in part, or on any modification of the Licensed Software or any such modular work containing the Licensed Software or any part thereof.
4.TITLE AND PROPRIETARY RIGHTS.
(a)The Licensed Materials are copyrighted works and are the sole and exclusive property of Enterasys, any company or a division thereof which Enterasys controls or is controlled by, or which may result from the merger or consolidation with Enterasys (its “Affiliates”), and/or their suppliers. This Agreement conveys a limited right to operate the Licensed Materials and shall not be construed to convey title to the Licensed Materials to You. There are no implied rights. You shall not sell, lease, transfer, sublicense, dispose of, or otherwise make available the Licensed Materials or any portion thereof, to any other party.
(b)You further acknowledge that in the event of a breach of this Agreement, Enterasys shall suffer severe and irreparable damages for which monetary compensation alone will be inadequate. You therefore agree that in the event of a breach of this Agreement, Enterasys shall be entitled to monetary damages and its reasonable attorney’s fees and costs in enforcing this Agreement, as well as injunctive relief to restrain such breach, in addition to any other remedies available to Enterasys.
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