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AuroreanNetwork Gateway-1000 User’s Guide
Enterasys Networks License Agreement Appendix D
License Agreement & Support
SUBJECT MATTER OF THE CAUSE OF ACTION. IN NO EVENT SHALL
ENTERASYS BE LIABLE FOR ANY LOST OR ANTICIPATED PROFITS OR
SAVINGS, OR ANY INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR
CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT OR IN TORT INCLUDING
NEGLIGENCE, AND WHETHER OR NOT ENTERASYS WAS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT PERMIT DISCLAIMERS OF IMPLIED
WARRANTIES OR OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS MAY NOT
APPLY TO YOU.
Termination
Enterasys may terminate this license agreement and Licensee's right to use
the Licensed Software if Licensee materially breaches the terms of this
Agreement or fails to pay the licensee fee when due, and fails to cure such
breach within thirty days of notice thereof by Enterasys.
International Provisions
Licensee agrees that it shall not directly or indirectly export the Licensed
Software, individually or as part of a system, without first obtaining a license
from the U.S. Department of Commerce or any other appropriate agency of
the U.S. Government, as required. Diversion of products contrary to U.S. law
is prohibited.
Applicable Law
The parties agree that this license shall be governed by the substantive laws of
the Commonwealth of Massachusetts and the United States. The exclusive
jurisdiction for any dispute regarding this Agreement shall be in the United
States of America or, for Licensees located in Europe, London, England. The
parties expressly disclaim the applicability of the U.N. Convention on the
Sales of Goods.