vii
Enterasys Networks, Inc.
Firmware License Agreement
BEFORE
OPENING
OR
UTILIZING
THE
ENCLOSED
PRODUCT,
CAREFULLY
READ
THIS
LICENSE
AGREEMENT.
This
document
is
an
agreement
(“Agreement”)
between
the
end
user
(“You”)
and
Enterasys
Networks,
Inc.
on
behalf
of
itself
and
its
Affiliates
(as
hereinafter
defined)
(“ENTERASYS”)
that
sets
forth
Your
rights
and
obligations
with
respect
to
the
ENTERASYS
software
program/firmware
installed
on
the
ENTERASYS
product
(including
any
accompanying
documentation,
hardware
or
media)
(“Program”)
in
the
package
and
prevails
over
any
additional,
conflicting
or
inconsistent
terms
and
conditions
appearing
on
any
purchase
order
or
other
document
submitted
by
You.
“Affiliate”
means
any
person,
partnership,
corporation,
limited
liability
company,
or
other
form
of
enterprise
that
directly
or
indirectly
through
one
or
more
intermediaries,
controls,
or
is
controlled
by,
or
is
under
common
control
with
the
party
specified.
This
Agreement
constitutes
the
entire
understanding
between
the
parties,
and
supersedes
all
prior
discussions,
representations,
understandings
or
agreements,
whether
oral
or
in
writing,
between
the
parties
with
respect
to
the
subject
matter
of
this
Agreement.
The
Program
may
be
contained
in
firmware,
chips
or
other
media.
BY
INSTALLING
OR
OTHERWISE
USING
THE
PROGRAM,
YOU
REPRESENT
THAT
YOU
ARE
AUTHORIZED
TO
ACCEPT
THESE
TERMS
ON
BEHALF
OF
THE
END
USER
(IF
THE
END
USER
IS
AN
ENTITY
ON
WHOSE
BEHALF
YOU
ARE
AUTHORIZED
TO
ACT,
“YOU”
AND
“YOUR”
SHALL
BE
DEEMED
TO
REFER
TO
SUCH
ENTITY)
AND
THAT
YOU
AGREE
THAT
YOU
ARE
BOUND
BY
THE
TERMS
OF
THIS
AGREEMENT,
WHICH
INCLUDES,
AMONG
OTHER
PROVISIONS,
THE
LICENSE,
THE
DISCLAIMER
OF
WARRANTY
AND
THE
LIMITATION
OF
LIABILITY.
IF
YOU
DO
NOT
AGREE
TO
THE
TERMS
OF
THIS
AGREEMENT
OR
ARE
NOT
AUTHORIZED
TO
ENTER
INTO
THIS
AGREEMENT,
ENTERASYS
IS
UNWILLING
TO
LICENSE
THE
PROGRAM
TO
YOU
AND
YOU
AGREE
TO
RETURN
THE
UNOPENED
PRODUCT
TO
ENTERASYS
OR
YOUR
DEALER,
IF
ANY,
WITHIN
TEN
(10)
DAYS
FOLLOWING
THE
DATE
OF
RECEIPT
FOR
A
FULL
REFUND.
IF
YOU
HAVE
ANY
QUESTIONS
ABOUT
THIS
AGREEMENT,
CONTACT
ENTERASYS
NETWORKS,
LEGAL
DEPARTMENT
AT
(978)
684
‐
1000.
You
and
Enterasys
agree
as
follows:
1.
LICENSE.
You
have
the
non
‐
exclusive
and
non
‐
transferable
right
to
use
only
the
one
(1)
copy
of
the
Program
provided
in
this
package
subject
to
the
terms
and
conditions
of
this
Agreement.
2.
RESTRICTIONS.
Except
as
otherwise
authorized
in
writing
by
Enterasys
,
You
may
not,
nor
may
You
permit
any
third
party
to:
(i)
Reverse
engineer,
decompile,
disassemble
or
modify
the
Program,
in
whole
or
in
part,
including
for
reasons
of
error
correction
or
interoperability,
except
to
the
extent
expressly
permitted
by
applicable
law
and
to
the
extent
the
parties
shall
not
be
permitted
by
that
applicable
law,
such
rights
are
expressly
excluded.
Information
necessary
to
achieve
interoperability
or
correct
errors
is
available
from
Enterasys
upon
request
and
upon
payment
of
Enterasys’
applicable
fee.
(ii) Incorporate
the
Program,
in
whole
or
in
part,
in
any
other
product
or
create
derivative
works
based
on
the
Program,
in
whole
or
in
part.
(iii) Publish,
disclose,
copy,
reproduce
or
transmit
the
Program,
in
whole
or
in
part.
(iv) Assign,
sell,
license,
sublicense,
rent,
lease,
encumber
by
way
of
security
interest,
pledge
or
otherwise
transfer
the
Program,
in
whole
or
in
part.
(v) Remove
any
copyright,
trademark,
proprietary
rights,
disclaimer
or
warning
notice
included
on
or
embedded
in
any
part
of
the
Program.
Summary of Contents for Matrix DFE-Gold 4G4202-60
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