Notice
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.
8.AUDIT RIGHTS. You hereby acknowledge that the intellectual property rights associated with the Program are of critical value to Enterasys and, accordingly, You hereby agree to maintain complete books, records and accounts showing (i) license fees due and paid, and (ii) the use, copying and deployment of the Program. You also grant to Enterasys and its authorized representatives, upon reasonable notice, the right to audit and examine during Your normal business hours, Your books, records, accounts and hardware devices upon which the Program may be deployed to verify compliance with this Agreement, including the verification of the license fees due and paid Enterasys and the use, copying and deployment of the Program. Enterasys’ right of examination shall be exercised reasonably, in good faith and in a manner calculated to not unreasonably interfere with Your business. In the event such audit discovers
9.OWNERSHIP. This is a license agreement and not an agreement for sale. You acknowledge and agree that the Program constitutes trade secrets and/or copyrighted material of Enterasys and/or its suppliers. You agree to implement reasonable security measures to protect such trade secrets and copyrighted material. All right, title and interest in and to the Program shall remain with Enterasys and/or its suppliers. All rights not specifically granted to You shall be reserved to Enterasys.
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