User`s guide

XSR User’s Guide vii
(i) Reverse engineer, decompile, disassemble or modify the Program, in whole or in part, including for
reasons of error correction or interoperability, except to the extent expressly permitted by applicable law and
to the extent the parties shall not be permitted by that applicable law, such rights are expressly excluded.
Information necessary to achieve interoperability or correct errors is available from Enterasys upon request
and upon payment of Enterasys’ applicable fee.
(ii) Incorporate the Program, in whole or in part, in any other product or create derivative works based on the
Program, in whole or in part.
(iii) Publish, disclose, copy, reproduce or transmit the Program, in whole or in part.
(iv) Assign, sell, license, sublicense, rent, lease, encumber by way of security interest, pledge or otherwise
transfer the Program, in whole or in part, except for a sale or other transfer of the hardware in which the
Program is embedded.
(v) Remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or
embedded in any part of the Program.
3) APPLICABLE LAW. This Agreement shall be interpreted and governed under the laws and in the state and
federal courts of the Commonwealth of Massachusetts without regard to its conflicts of laws provisions. You
accept the personal jurisdiction and venue of the Commonwealth of Massachusetts courts. None of the 1980
United Nations Convention on Contracts for the International Sale of Goods, the United Nations Convention on
the Limitation Period in the International Sale of Goods, and the Uniform Computer Information Transactions Act
shall apply to this Agreement.
4) EXPORT RESTRICTIONS. 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 Program 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 Program (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 Program 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.