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90 APPENDIX D: END USER SOFTWARE LICENSE AGREEMENT
and developed solely at private expense. The Software is delivered as "Commercial Computer Software" as defined in DFARS 252.227-7014 (June
1995) or as a commercial item as defined in FAR 2.101(a) and as such is provided with only such rights as are provided in this Agreement, which is
3Com's standard commercial license for the Software. Technical data is provided with limited rights only as provided in DFAR 252.227-7015 (Nov.
1995) or FAR 52.227-14 (June 1987), whichever is applicable.
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 merged portions 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 LIMITATION OF LIABILITY: All warranties and limitations of liability applicable to the Software are as stated on the
Limited Warranty Card or in the product manual, whether in paper or electronic form, accompanying the Software. Such warranties and limitations of
liability are incorporated herein in their entirety by this reference.
GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, U.S.A. excluding its conflicts of laws principles and
excluding the United Nations Convention on Contracts for the International Sale of Goods.
SEVERABILITY: In the event any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of
any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic
impact shall be substituted therefor.
ENTIRE AGREEMENT: This Agreement sets forth the entire understanding and agreement between you and 3Com and supersedes all prior
agreements, whether written or oral, with respect to the Software and Documentation, and may be amended only in a writing signed by both parties.
Should you have any questions concerning this Agreement or if you desire to contact 3Com for any reason, please contact the 3Com subsidiary serving
your country, or write:
3Com Corporation, 350 Campus Drive, Marlborough, MA. USA 01752-3064