Installation guide

Chapter 8: Extreme Networks, Inc. End-User License Agreement

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WM3700 Wireless LAN Controller Installation Guide

prohibited. You agree not to directly or indirectly export, import or transmit the Software to any

country, end user or for any Use that is prohibited by applicable United States regulation or statute

(including but not limited to those countries embargoed from time to time by the United States

government); or contrary to the laws or regulations of any other governmental entity that has

jurisdiction over such export, import, transmission or Use.

12 High Risk Activities. The Software is not fault-tolerant and is not designed or intended for use in

hazardous environments requiring fail-safe performance, including without limitation, in the

operation of nuclear facilities, aircraft navigation or communication systems, air traffic control,

weapons systems, direct life-support machines, or any other application in which the failure of the

Software could lead directly to death, personal injury, or severe physical or property damage

(collectively, “High Risk Activities”). EXTREME NETWORKS EXPRESSLY DISCLAIMS ANY

EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.

13 Governing Law. This Agreement will be governed by and construed in accordance with the

substantive laws of the State of California. This Agreement will not be governed by the conflict of

laws rules of any jurisdiction or the United Nations Convention on Contracts for the International

Sale of Goods, the application of which is expressly excluded. The state and federal courts sitting in

Santa Clara County, California shall have exclusive jurisdiction over all disputes relating to this

Agreement.

14 Open Source Software. Portions of the Software (“Open Source Software”) provided to you may be

subject to a license that permits you to modify these portions and redistribute the modifications (an

“Open Source License”). Your use, modification and redistribution of the Open Source Software are

governed by the terms and conditions of the applicable Open Source License. More details

regarding the Open Source Software and the applicable Open Source Licenses are available at

www.extremenetworks.com/services/SoftwareLicensing.aspx. Some of the Open Source software

may be subject to the GNU General Public License v.2 (“GPL”) or the Lesser General Public Library

(“LGPL”), copies of which are available at www.extremenetworks.com/services/

SoftwareLicensing.aspx. In accordance with the terms of the GPL and LGPL, you may request a

copy of the relevant source code. See the Software Licensing web site for details. This offer is valid

for up to three years from the date of original download of the software.

15 Audit for Compliance. Extreme Networks reserves the right to periodically audit you to ensure that

you are in compliance with the terms of this Agreement. During standard business hours and upon

prior written notice, Extreme Networks may visit You and You will make available to Extreme

Networks or its representatives any records pertaining to the Software. The cost of any requested

audit will be solely borne by Extreme Networks, unless such audit discloses an underpayment or

amount due to Extreme Networks in excess of five percent (5%) of the initial license fee for the

Software or you are using the Software in an unauthorized manner, in which case you shall pay the

cost of the audit, in addition to any other amounts owed.

16 Miscellaneous. This Agreement sets forth all rights for the user of the Software and is the entire

Agreement between the parties. This Agreement supersedes any other communications,

representations or advertising relating to the Software and Documentation. This Agreement may not

be modified except by a written addendum issued by a duly authorized representative of Extreme

Networks. No provision hereof shall be deemed waived unless such waiver shall be in writing and

signed by Extreme Networks. If any provision of this Agreement is held invalid, the remainder of

this Agreement shall continue in full force and effect.