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Notice
iv
export to Country Groups D:1 or E:2 the direct product of the plant or a major component thereof, if such foreign produced direct product is
subject to national security controls as identified on the U.S. Commerce Control List or is subject to State Department controls under the U.S.
Munitions List.
5.
UNITED STATES GOVERNMENT RESTRICTED RIGHTS.
The enclosed Product (i) was developed solely at private expense;
(ii) contains “restricted computer software” submitted with restricted rights in accordance with section 52.227-19 (a) through (d) of the
Commercial Computer Software-Restricted Rights Clause and its successors, and (iii) in all respects is proprietary data belonging to Cabletron
and/or its suppliers. For Department of Defense units, the Product is considered commercial computer software in accordance with DFARS
section 227.7202-3 and its successors, and use, duplication, or disclosure by the Government is subject to restrictions set forth herein.
6.
EXCLUSION OF WARRANTY.
Except as may be specifically provided by Cabletron in writing, Cabletron makes no warranty,
expressed or implied, concerning the Program (including its documentation and media).
CABLETRON DISCLAIMS ALL WARRANTIES, OTHER THAN THOSE SUPPLIED TO YOU BY CABLETRON IN WRITING,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE PROGRAM, THE ACCOMPANYING WRITTEN MATERIALS,
AND ANY ACCOMPANYING HARDWARE.
7.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL CABLETRON 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 THIS CABLETRON PRODUCT, EVEN IF
CABLETRON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR IN THE
DURATION OR LIMITATION OF IMPLIED WARRANTIES IN SOME INSTANCES, THE ABOVE LIMITATION AND EXCLUSIONS
MAY NOT APPLY TO YOU.
CABLETRON SYSTEMS LIMITED
PROGRAM LICENSE AGREEMENT
IMPORTANT: THIS LICENSE APPLIES FOR THE USE OF THE PRODUCT IN THE FOLLOWING GEOGRAPHICAL
REGIONS:
EUROPE
MIDDLE EAST
AFRICA
ASIA
AUSTRALIA
PACIFIC RIM
BEFORE OPENING OR UTILIZING THE ENCLOSED PRODUCT, CAREFULLY READ THIS LICENSE
AGREEMENT.
This document is an agreement (“Agreement”) between You, the end user, and Cabletron Systems Limited (“Cabletron”) that sets forth
your rights and obligations with respect to the Cabletron software program (“Program”) in the package. The Program may be contained in
firmware, chips or other media. UTILIZING THE ENCLOSED PRODUCT, YOU ARE AGREEING TO BECOME BOUND BY THE
TERMS OF THIS AGREEMENT, WHICH INCLUDES THE LICENSE AND THE LIMITATION OF WARRANTY AND DISCLAIMER
OF LIABILITY. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, RETURN THE UNOPENED PRODUCT TO
CABLETRON 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 CABLETRON SYSTEMS +1-603-332-9400. Attn: Legal
Department.
1.
LICENSE.
You have the right to use only the one (1) copy of the Program provided in this package subject to the terms and conditions
of this License Agreement.
You may not copy, reproduce or transmit any part of the Program except as permitted by the Copyright Act of the United States or as
authorized in writing by Cabletron.
2.
OTHER RESTRICTIONS.
You may not reverse engineer, decompile, or disassemble the Program.
3.
APPLICABLE LAW.
This License Agreement shall be governed in accordance with English law. The English courts shall have
exclusive jurisdiction in the event of any disputes.