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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 Enterasys 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 Enterasys in
writing, Enterasys makes no warranty, expressed or implied, concerning the Program (including its
documentation and media).
ENTERASYS DISCLAIMS ALL WARRANTIES, OTHER THAN THOSE SUPPLIED TO
YOU BY ENTERASYS 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
ENTERASYS 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 ENTERASYS PRODUCT, EVEN IF ENTERASYS 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.
ELS100-48tx2m.book Page vi Thursday, November 16, 2000 4:59 PM