End User License Agreement

OPEN SOURCE SOFTWARE: Certain items of independent code that are included with the Software hereunder may be subject to various open source or free software licenses (the “Open Source Software”). This Open Source Software is licensed under the terms of the end-user license(s) that are provided as part of the Documentation or upon request to 3Com. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end-user license for such Open Source Software. The terms of this Agreement other than the Limited Warranties and Disclaimers and the Limitation of Liability will not apply to the Open Source Software.

THIRD PARTY BENEFICIARY: Should the Software contain Wind River Systems, Inc.’s (“Wind River”) Run-Time Module, Wind River and its licensors are third party beneficiaries of this Agreement and any provisions related to the Run-Time Module are made expressly for the benefit of, and are enforceable by, Wind River and its licensors.

EXPORT: The product, Software, Documentation and/or other technical data (collectively "Product") are subject to U.S. export control laws and regulations. Certain products made by 3Com are further controlled for export as encryption items and may be subject to additional export or import regulations in other countries. You agree that you will not export, reexport or transfer the Product (or any copies thereof) or any products utilizing the Product in violation of any applicable laws or regulations of the United States or the country where you legally obtained it. You are responsible for obtaining any licenses to export, reexport, transfer or import the Product.

You agree that you are not prohibited by the U.S. or other government export control regulations from receiving this Software, Documentation and/or other technical data.

In addition to the above, the Product may not be used by, or exported or reexported to (i) any U.S.- or EU- sanctioned or embargoed country, or to nationals or residents of such countries; or (ii) to any person, entity, organization or other party identified on the U.S. Department of Commerce’s Table of Denial Orders or the U.S. Department of Treasury’s lists of "Specially Designated Nationals and Blocked Persons," as published and revised from time to time; (iii) to any party engaged in nuclear, chemical/biological weapons or missile proliferation activities, unless authorized by U.S. and local (as required) law or regulations.

TRADE SECRETS; TITLE: You acknowledge and agree that the structure, sequence and organization of the Software are the valuable trade secrets of 3Com and its licensors. You agree to hold such trade secrets in confidence. You further acknowledge and agree that the Software is licensed and not sold to you and that all ownership of, and title to, the Software and Documentation and all subsequent copies thereof regardless of the form or media are held by 3Com and its licensors.

UNITED STATES GOVERNMENT RESTRICTED RIGHTS: The Software and Documentation are “Commercial Items(s)” as defined in 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227-7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Therefore, if you are licensing the Software and/or Documentation for acquisition by the U.S. Government or any contractor therefore, you will license consistent with the policies set forth in 48 C.F.R. §12.212 (for civilian agencies) and 48 C.F.R. §227-7202-1 and 227.7202-4 (for the Department of Defense), and their successors.

TERM AND TERMINATION: The licenses granted hereunder are perpetual unless terminated earlier as specified below. You may terminate the licenses and this Agreement at any time by destroying the Software and Documentation together with all copies and any portions thereof in any form. The licenses and this Agreement will also terminate immediately if you fail to comply with any term or condition of this Agreement. Upon such termination you agree to destroy the Software and Documentation, together with all copies and merged portions in any form.

LIMITED WARRANTIES AND DISCLAIMER: All warranties applicable to the Software are as stated on the Limited Warranty Sheet or in the product manual, whether in paper or electronic form, accompanying the Software. EXCEPT AS

EXPRESSLY STATED ON SUCH LIMITED WARRANTY SHEET, THE SOFTWARE IS LICENSED TO YOU “AS IS,“ WITHOUT WARRANTY OF ANY KIND AND 3COM AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE

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3Com ® AirProtect Planner User Guide