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Notice
4.
EXPORT REQUIREMENTS.
You understand that Cabletron and its Affiliates are subject to regulation by agencies of the U.S.
Government, including the U.S. Department of Commerce, which prohibit export or diversion of certain technical products to certain
countries, unless a license to export the product is obtained from the U.S. Government or an exception from obtaining such license may be
relied upon by the exporting party.
If the Program is exported from the United States pursuant to the License Exception CIV under the U.S. Export Administration
Regulations, You agree that You are a civil end user of the Program and agree that You will use the Program for civil end uses only and not for
military purposes.
If the Program is exported from the United States pursuant to the License Exception TSR under the U.S. Export Administration
Regulations, in addition to the restriction on transfer set forth in Sections 1 or 2 of this Agreement, You agree not to (i) reexport or release the
Program, the source code for the Program or technology to a national of a country in Country Groups D:1 or E:2 (Albania, Armenia,
Azerbaijan, Belarus, Bulgaria, Cambodia, Cuba, Estonia, Georgia, Iraq, Kazakhstan, Kyrgyzstan, Laos, Latvia, Libya, Lithuania, Moldova,
North Korea, the People’s Republic of China, Romania, Russia, Rwanda, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, Vietnam, or such
other countries as may be designated by the United States Government), (ii) export to Country Groups D:1 or E:2 (as defined herein) the
direct product of the Program or the technology, if such foreign produced direct product is subject to national security controls as identified
on the U.S. Commerce Control List, or (iii) if the direct product of the technology is a complete plant o r any major component of a plant,
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.