Notice
9033705-01
If the Program is exported from the United States pursuant to the License Exception TSR
under the U.S. Export Administration Regulations, in addition to the restriction on
transfer set forth in Sections 1 or 2 of this Agreement, You agree not to (i) reexport or
release the Program, the source code for the Program or technology to a national of a
country in Country Groups D:1 or E:2 (Albania, Armenia, Azerbaijan, Belarus, Bulgaria,
Cambodia, Cuba, Estonia, Georgia, Iraq, Kazakhstan, Kyrgyzstan, Laos, Latvia, Libya,
Lithuania, Moldova, North Korea, the People’s Republic of China, Romania, Russia,
Rwanda, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, Vietnam, or such other
countries as may be designated by the United States Government), (ii) export to Country
Groups D:1 or E:2 (as defined herein) the direct product of the Program or the
technology, if such foreign produced direct product is subject to national security controls
as identified on the U.S. Commerce Control List, or (iii) if the direct product of the
technology is a complete plant or any major component of a plant, export to Country
Groups D:1 or E:2 the direct product of the plant or a major component thereof, if such
foreign produced direct product is subject to national security controls as identified on the
U.S. Commerce Control List or is subject to State Department controls under the U.S.
Munitions List.
5. UNITED STATES GOVERNMENT RESTRICTED RIGHTS
.The enclosed
Product (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 and/or its
suppliers. For Department of Defense units, the Product is considered commercial
computer software in accordance with DFARS section 227.7202-3 and its successors, and
use, duplication, or disclosure by the Government is subject to restrictions set forth
herein.
6. EXCLUSION OF WARRANTY
.Except as may be specifically provided by
Enterasys in writing, Enterasys makes no warranty, expressed or implied, concerning the
Program (including its documentation and media).
ENTERASYS DISCLAIMS ALL WARRANTIES, OTHER THAN THOSE
SUPPLIED TO YOU BY ENTERASYS IN WRITING, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO THE PROGRAM, THE ACCOMPANYING WRITTEN MATERIALS,
AND ANY ACCOMPANYING HARDWARE.
7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
.IN NO EVENT SHALL
ENTERASYS OR ITS 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 THIS ENTERASYS PRODUCT, EVEN IF ENTERASYS HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT
