End-User Software License Agreement
AP-7562 Installation Guide 57
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 Extreme and/or its suppliers. For
Department of Defense units, the Licensed Materials are considered commercial
computer software in accordance with DFARS section 227.7202-3 and its successors, and
use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth
herein.
13 LIMITED WARRANTY AND LIMITATION OF LIABILITY. Extreme warrants to You that (a)
the initially-shipped version of the Licensed Materials will materially conform to the
Documentation; and (b) the media on which the Licensed Software is recorded will be
free from material defects for a period of ninety (90) days from the date of delivery to
You or such other minimum period required under applicable law. Extreme does not
warrant that Your use of the Licensed Materials will be error-free or uninterrupted.
NEITHER EXTREME NOR ITS AFFILIATES MAKE ANY OTHER WARRANTY OR
REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED
MATERIALS, WHICH ARE LICENSED "AS IS". THE LIMITED WARRANTY AND REMEDY
PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,
INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED, AND STATEMENTS OR
REPRESENTATIONS MADE BY ANY OTHER PERSON OR FIRM ARE VOID. IN NO EVENT
WILL EXTREME OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION,
PRODUCTION OR DELIVERY OF THE LICENSED MATERIALS BE LIABLE FOR SPECIAL,
DIRECT, INDIRECT, RELIANCE, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING LOSS OF DATA OR PROFITS OR FOR INABILITY TO USE THE LICENSED
MATERIALS, TO ANY PARTY EVEN IF EXTREME OR SUCH OTHER PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EXTREME OR
SUCH OTHER PARTY'S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY
OTHER PARTY EXCEED THE LICENSE FEE YOU PAID FOR THE LICENSED MATERIALS.
Some states do not allow limitations on how long an implied warranty lasts and some
states do not allow the exclusion or limitation of incidental or consequential damages, so
the above limitation and exclusion may not apply to you. This limited warranty gives you
specific legal rights, and you may also have other rights which vary from state to state.
14 JURISDICTION. The rights and obligations of the parties to this Agreement shall be
governed and construed in accordance with the laws and in the State and Federal courts
of the State of California, without regard to its rules with respect to choice of law. You
waive any objections to the personal jurisdiction and venue of such courts. None of the
1980 United Nations Convention on the Limitation Period in the International Sale of
Goods, and the Uniform Computer Information Transactions Act shall apply to this
Agreement.
15 FREE AND OPEN SOURCE SOFTWARE. Portions of the Software (Open Source
Software) provided to you may be subject to a license that permits you to modify these
portions and redistribute the modifications (an Open Source License). Your use,
modification and redistribution of the Open Source Software are governed by the terms
and conditions of the applicable Open Source License. More details regarding the Open
Source Software and the applicable Open Source Licenses are available at
www.extremenetworks.com/services/SoftwareLicensing.aspx. Some of the Open Source
software may be subject to the GNU General Public License v.x (GPL) or the Lesser
General Public Library (LGPL), copies of which are provided with the Licensed Materials
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