Installation Guide

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3. APPLICABLE LAW. This Agreement shall be interpreted and governed under the laws and
in the state and federal courts of the State of California without regard to its conflicts of
laws provisions. You accept the personal jurisdiction and venue of the Superior Court of
California in Santa Clara County or the United States District Court for the Northern District
of California in San Jose, California. None of the 1980 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 acknowledge and agree that the Program and its
accompanying materials/documentation are subject to the export control laws and
regulations of the United States, including but not limited to the Export Administration
Regulations (EAR), the International Traffic in Arms Regulations (ITAR), and the sanction
regimes of the U.S. Department of Treasury, Office of Foreign Assets Control's Foreign
Assets Control Regulations (FACR). You agree that You will comply with these laws and
regulations.
You agree that You will not, without prior U.S. Government authorization, export, reexport,
or transfer the Program, either directly or indirectly, to any country subject to a U.S. trade
embargo or sanction (e.g. Cuba, N. Korea, Iran, Syria, Sudan) or to any resident or national
of said countries, or to any person, organization, or entity on any of the restricted parties
lists maintained by the U.S. Departments of State, Treasury, or Commerce. In addition, You
agree that You will not export, reexport or transfer the Program to any end-user engaged
in activities, or for any end-use, directly or indirectly related to the design, development,
production, use, or stockpiling of weapons of mass destruction, e.g. nuclear, chemical, or
biological weapons, and the missile technology to deliver them.
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, its Affiliates 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 U.S. Government is subject to restrictions set forth herein.
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 THE
IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE
PROGRAM. IF THE 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 AFFILIATES AND
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.
NOTWITHSTANDING THE FOREGOING, THE CUMULATIVE LIABILITY OF
ENTERASYS TO YOU FOR ALL CLAIMS RELATING TO THE PROGRAM, IN CONTRACT,