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IMPORTANT: Read Before Using This Product
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING AND USING, THE
USE OF WHICH IS LICENSED BY 3COM CORPORATION (“3COM”) TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET
FORTH BELOW. INSTALLING OR USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS
AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL
OR USE THE SOFTWARE. YOU SHOULD RETURN THE ENTIRE PRODUCT WITH THE SOFTWARE UNUSED TO THE
SUPPLIER WHERE YOU OBTAINED IT.
LICENSE:
3Com grants you a nonexclusive, nontransferable (except as specified herein) license to use the accompanying
software program(s) in executable form (the “Software”) and accompanying documentation (the “Documentation”), subject
to the terms and restrictions set forth in this Agreement. You are not permitted to lease, rent, distribute or sublicense (except
as specified herein) the Software or Documentation or to use the Software or Documentation in a time-sharing arrangement or
in any other unauthorized manner. Further, no license is granted to you in the human readable code of the Software (source
code). Except as provided below, this Agreement does not grant you any rights to patents, copyrights, trade secrets,
trademarks, or any other rights with respect to the Software or Documentation.
Subject to the restrictions set forth herein, the Software is licensed to be used on any workstation or any network server owned
by or leased to you, for your internal use, provided that the Software is used only in connection with a 3Com adapter. You may
reproduce and provide one (1) copy of the Software and Documentation for each such workstation or network server on which
the Software is used as permitted hereunder. Otherwise, the Software and Documentation may be copied only as essential for
backup or archive purposes in support of your use of the Software as permitted hereunder. Each copy of the Software and
Documentation must contain 3Com’s and its licensors’ proprietary rights and copyright notices in the same form as on the
original. You agree not to remove or deface any portion of any legend provided on any licensed program or documentation
delivered to you under this Agreement.
ASSIGNMENT; NO REVERSE ENGINEERING:
You may transfer the Software, Documentation and the licenses granted herein
to another party in the same country in which you obtained the Software and Documentation if the other party agrees in
writing to accept and be bound by the terms and conditions of this Agreement. If you transfer all copies of the Software and
Documentation to the party or you must destroy any copies not transferred. Except as set forth above, you may not assign or
transfer your rights under this Agreement.
Modification, reverse engineering, reverse compiling, or disassembly of the Software is expressly prohibited. However, if you
are a European Union (“EU”) resident, information necessary to achieve interoperability of the Software with other programs
within the meaning of the EC Directive on the Legal Protection of Computer Programs is available to you from 3Com upon
written request.
EXPORT RESTRICTIONS:
You agree that you will not export or re-export the Software, Documentation or other technical data
received hereunder (or any copies thereof) (collectively “Technical Data”) or any products utilizing the Technical Data in
violation of any applicable laws or regulations of the United States or the country in which you obtained them or where you
reside.
In addition, the Technical Data covered by this Agreement may contain data encryption code which is
unlawful to export or transfer from the United States or Canada without an approved US Department of
Commerce export license and/or appropriate foreign export or import license.
You are responsible for obtaining any
licenses to export, re-export or import the Technical Data. In addition to the above, Technical Data may not be used, exported
or re-exported (i) into or to a national or resident of any country to which the U.S. has embargoed goods; or (ii) to any one on
the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial
Orders.
TRADE SECRETS; TITLE:
You acknowledge and agree that the structure, sequence and organization of the Software are the
valuable trade secrets of 3Com and its suppliers. You agree to hold such trade secrets in confidence. You further acknowledge
and agree that ownership of, and title to, the Software and Documentation and all subsequent copies thereof regardless of the
form or media are held by 3Com and its suppliers.
UNITED STATES GOVERNMENT LEGENDS:
The Software, Documentation and any other technical data provided hereunder is
commercial in nature and developed solely at private expense. The Software is delivered as “Commercial Computer Software”
as defined in DFARS 252.227-7014 (June 1995) or as a commercial item as defined in FAR 2.101(a) and as such is provided
with only such rights as are provided in this Agreement, which is 3Com’s standard commercial license for the Software.
Technical data is provided with limited rights only as provided in DFAR 252.227-7015 (Nov. 1995) or FAR 52.227-14 (June
1987), whichever is applicable.
TERM AND TERMINATION:
This Agreement and license will expire fifty (50) years from the date that you install the Software
and Documentation, if it is not terminated earlier. You may terminate it at any time by destroying the Software and
Documentation together with all copies and merged portions in any form. It will also terminate immediately if you fail to
comply with any term or condition of this Agreement. Upon such termination you agree to destroy the Software and
Documentation, together with all copies and merged portions in any form.
LIMITED WARRANTIES AND LIMITATION OF LIABILITY:
All warranties and limitations of liability applicable to the Software
are as stated on the Limited Warranty Card or in the product manual, whether in paper or electronic form, accompanying the
Software. Such warranties and limitations of liability are incorporated herein in their entirety by this reference.
GOVERNING LAW:
This Agreement shall be governed by the laws of the State of California, U.S.A. excluding its conflicts of
laws principles and excluding the United Nations Convention on Contracts for the International Sale of Goods.
SEVERABILITY:
In the event any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity,
legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and
enforceable provision of similar intent and economic impact shall be substituted therefor.
ENTIRE AGREEMENT:
This Agreement sets forth the entire understanding and agreement between you and 3Com and
supersedes all prior agreements, whether written or oral, with respect to the Software and Documentation, and may be
amended only in a writing signed by both parties.
