Notice
ix
Enterasys Networks, Inc.Firmware License Aggreement
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 Entera sys software program/firmware
installed on the Enterasys product (including any accompanying documentation, hardware or
media) (“Program”) in the package and prevails over any additional, conflictin g 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, 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. This Agreement constitutes
the entire understanding between the parties, and supersedes al l prior discussions,
representations, understandings or agreements, whether or al or in writing, between the parties
with respect to the subject matter o f this Agreement. The Progr am 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:
(i) Reverse engineer, decompile, disassemble or modify the Program, in whole or in
part, including for reasons of error correction or interoper ability, 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.