User`s guide

viii XSR User’s Guide
6) DISCLAIMER OF WARRANTY. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED TO YOU
IN WRITING BY ENTERASYS, ENTERASYS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
WITH RESPECT TO THE PROGRAM. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED BY
APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS
AFTER DELIVERY OF THE PROGRAM TO YOU.
7) LIMITATION OF LIABILITY. 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 THE PROGRAM, EVEN IF ENTERASYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THIS FOREGOING LIMITATION SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION
UNDER WHICH DAMAGES ARE SOUGHT.
THE CUMULATIVE LIABILITY OF ENTERASYS TO YOU FOR ALL CLAIMS RELATING TO THE PROGRAM, IN
CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID TO
ENTERASYS BY YOU FOR THE RIGHTS GRANTED HEREIN.
8) AUDIT RIGHTS. You hereby acknowledge that the intellectual property rights associated with the Program are
of critical value to Enterasys and, accordingly, You hereby agree to maintain complete books, records and accounts
showing (i) license fees due and paid, and (ii) the use, copying and deployment of the Program. You also grant to
Enterasys and its authorized representatives, upon reasonable notice, the right to audit and examine during Yourr
normal business hours, Yourr books, records, accounts and hardware devices upon which the Program may be
deployed to verify compliance with this Agreement, including the verification of the license fees due and paid
Enterasys and the use, copying and deployment of the Program. Enterasys' right of examination shall be exercised
reasonably, in good faith and in a manner calculated to not unreasonably interfere with Yourr business. In the event
such audit discovers non-compliance with this Agreement, including copies of the Program made, used or deployed in
breach of this Agreement, You shall promptly pay to Enterasys the appropriate license fees. Enterasys reserves the
right, to be exercised in its sole discretion and without prior notice, to terminate this license, effective immediately, for
failure to comply with this Agreement. Upon any such termination, You shall immediately cease all use of the Program
and shall return to Enterasys the Program and all copies of the Program.
9) OWNERSHIP. This is a license agreement and not an agreement for sale. You acknowledge and agree that
the Program constitutes trade secrets and/or copyrighted material of Enterasys and/or its suppliers. You agree to
implement reasonable security measures to protect such trade secrets and copyrighted material. All right, title and
interest in and to the Program shall remain with Enterasys and/or its suppliers. All rights not specifically granted to
You shall be reserved to Enterasys.
10) ENFORCEMENT. You acknowledge and agree that any breach of Sections 2, 4, or 9 of this Agreement by
You may cause Enterasys irreparable damage for which recovery of money damages would be inadequate, and
that Enterasys may be entitled to seek timely injunctive relief to protect Enterasys’ rights under this Agreement in
addition to any and all remedies available at law.
11) ASSIGNMENT. You may not assign, transfer or sublicense this Agreement or any of Your rights or
obligations under this Agreement, except that You may assign this Agreement to any person or entity which
acquires substantially all of Your stock or assets. Enterasys may assign this Agreement in its sole discretion. This
Agreement shall be binding upon and inure to the benefit of the parties, their legal representatives, permitted
transferees, successors and assigns as permitted by this Agreement. Any attempted assignment, transfer or
sublicense in violation of the terms of this Agreement shall be void and a breach of this Agreement.