User's Guide

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valuable confidential information and trade secrets, and that unauthorized use,
copying and/or disclosure thereof are harmful to Extreme or its Affiliates and/or
its/their software suppliers.
9. MAINTENANCE
AND UPDATES. Updates and certain maintenance and support
services, if any, shall be provided to You pursuant to the terms of an Extreme Service
and Maintenance Agreement, if Extreme and You enter into such an agreement.
Except as specifically set forth in such agreement, Extreme shall not be under any
obligation to provide Software Updates, modifications, or enhancements, or Software
maintenance and support services to You.
10. DEFAULT AND TERMINATION. In the event that You shall fail to keep, observe, or
perform any obligation under this Agreement, including a failure to pay any sums due
to Extreme, or in the event that you become insolvent or seek protection, voluntarily
or involuntarily, under any bankruptcy law, Extreme may, in addition to any other
remedies it may have under law, terminate the License and any other agreements
between Extreme and You.
a. Immediately after any termination of the Agreement or if You have for any reason
discontinued use of Software, You shall return to Extreme the original and any
copies of the Licensed Materials and remove the Licensed Software from any
modular works made pursuant to Section 3, and certify in writing that through
your best efforts and to the best of your knowledge the original and all copies of
the terminated or discontinued Licensed Materials have been returned to
Extreme.
b. Sections 1, 7, 8, 10, 11, 12, 13, 14 and 15 shall survive termination of this Agreement
for any reason.
11. EXPORT REQUIREMENTS. You are advised that the Software is of United States origin
and subject to United States Export Administration Regulations; diversion contrary to
United States law and regulation is 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. UNITED STATES GOVERNMENT RESTRICTED RIGHTS. The Licensed Materials (i)
were developed solely at private expense; (ii) contain "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 Extreme and/or its suppliers.