Installation Guide

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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 its Affiliates, 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 Your normal business hours, Your 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 to 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 Your business. In the event such an audit discovers any non-compliance with
this Agreement, including copies of the Program made, used or deployed in breach of this
Agreement, You shall promptly cease such unauthorized conduct, pay to Enterasys the
appropriate license fees and be subject to any other available claim from Enterasys
pursuant to applicable law. Enterasys reserves the right, to be exercised in its sole
discretion and without prior notice, to terminate this Agreement, including the 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 Affiliates and suppliers. All rights not
specifically granted to You shall be reserved to Enterasys.
10. TRADEMARKS. ENTERASYS, ENTERASYS NETWORKS, ENTERASYS SECURE
NETWORKS, NETSIGHT, ENTERASYS NETSIGHT, and any logos associated therewith, are
trademarks or registered trademarks of Enterasys Networks, Inc., in the United States
and/or other countries. Extreme Networks and the Extreme Networks logo are
trademarks or registered trademarks of Extreme Networks, Inc. in the United States and/or
other countries. For more information on Enterasys and Extreme trademarks, see:
www.extremenetworks.com/about-extreme/trademarks.aspx.
All other product names mentioned in Program may be trademarks or registered
trademarks of their respective companies.
11. ENFORCEMENT. You acknowledge and agree that any breach 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.
12. 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 that acquires substantially all of Your stock assets. Enterasys may
assign this Agreement in its sole discretion to anyone or any entity without Your consent
and without notice, including assigning this Agreement to its parent company, Extreme
Networks, Inc. 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.