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9033630 v
ENTERASYS NETWORKS, INC.
PROGRAM LICENSE AGREEMENT
BEFORE OPENING OR UTILIZING THE ENCLOSED PRODUCT,
CAREFULLY READ THIS LICENSE AGREEMENT.
This document is an agreement (“Agreement”) between You, the end user, and Enterasys Networks,
Inc. (“Enterasys”) that sets forth your rights and obligations with respect to the Enterasys 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
ENTERASYS 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 ENTERASYS
NETWORKS (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 Enterasys.
2. OTHER RESTRICTIONS. You may not reverse engineer, decompile, or disassemble the
Program.
3. APPLICABLE LAW. This License Agreement shall be interpreted and governed under the
laws and in the state and federal courts of New Hampshire. You accept the personal jurisdiction and
venue of the New Hampshire courts.
4. EXPORT REQUIREMENTS. You understand that Enterasys 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 or 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.
ELS100-48tx2m.book Page v Thursday, November 16, 2000 4:59 PM