ENTERASYS NETWORKS, INC. FIRMWARE LICENSE AGREEMENT
BEFORE OPENING OR UTILIZING THE ENCLOSED PRODUCT,
CAREFULLY READ THIS LICENSE AGREEMENT.
This document is an agreement (“Agreement”) between the end user (“You”) and Enterasys Networks, Inc., on behalf of itself and its Affiliates (as hereinafter defined) (“Enterasys”) that sets forth Your rights and obligations with respect to the Enterasys software program/firmware (including any accompanying documentation, hardware or media) (“Program”) in the package and prevails over any additional, conflicting or inconsistent terms and conditions appearing on any purchase order or other document submitted by You. “Affiliate” means any person, partnership, corporation, limited liability company, 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. This Agreement constitutes the entire understanding between the parties, with respect to the subject matter of this Agreement. The Program may be contained in firmware, chips or other media.
BY INSTALLING OR OTHERWISE USING THE PROGRAM, YOU REPRESENT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS ON BEHALF OF THE END USER (IF THE END USER IS AN ENTITY ON WHOSE BEHALF YOU ARE AUTHORIZED TO ACT, “YOU” AND “YOUR” SHALL BE DEEMED TO REFER TO SUCH ENTITY) AND THAT YOU AGREE THAT YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDES, AMONG OTHER PROVISIONS, THE LICENSE, THE DISCLAIMER OF WARRANTY AND THE LIMITATION OF LIABILITY. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ARE NOT AUTHORIZED TO ENTER INTO THIS AGREEMENT, ENTERASYS IS UNWILLING TO LICENSE THE PROGRAM TO YOU AND YOU AGREE TO 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, LEGAL DEPARTMENT AT (978) 684‐1000.
You and Enterasys agree as follows:
1.LICENSE. You have the non‐exclusive and non‐transferable right to use only the one (1) copy of the Program provided in this package subject to the terms and conditions of this Agreement.
2.RESTRICTIONS. Except as otherwise authorized in writing by Enterasys, You may not, nor may You permit any third party to:
(a)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.
(b)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.
(c)Publish, disclose, copy reproduce or transmit the Program, in whole or in part.
(d)Assign, sell, license, sublicense, rent, lease, encumber by way of security interest, pledge or otherwise transfer the Program, in whole or in part.
(e)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 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 product 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,
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