xvii
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
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