Notice
ESX-1320/ESX-1380 Installation Guide
iii
CABLETRON SOFTWARE PROGRAM LICENSE
1.
LICENSE. You have the right to use only the one (1) copy of the Program provided in this
package subject to the terms and conditions of this License Agreement.
You may not copy, reproduce or transmit any part of the Program except as permitted by the
Copyright Act of the United States or as authorized in writing by Cabletron.
2.
OTHER RESTRICTIONS. You may not reverse engineer, decompile, or disassemble the
Program.
3.
APPLICABLE LAW. This License Agreement shall be interpreted and governed under the laws
and in the state and federal courts of New Hampshire. You accept the personal jurisdiction and
venue of the New Hampshire courts.
EXCLUSION OF WARRANTY AND DISCLAIMER OF LIABILITY
1.
EXCLUSION OF WARRANTY. Except as may be specifically provided by Cabletron in
writing, Cabletron makes no warranty, expressed or implied, concerning the Program (including
its documentation and media).
CABLETRON DISCLAIMS ALL WARRANTIES, OTHER THAN THOSE SUPPLIED TO
YOU BY CABLETRON IN WRITING, EITHER EXPRESSED 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.
2.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL
CABLETRON 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 CABLETRON PRODUCT,
EVEN IF CABLETRON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR
ON THE DURATION OR LIMITATION OF IMPLIED WARRANTIES, IN SOME
INSTANCES THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO
YOU.
UNITED STATES GOVERNMENT RESTRICTED RIGHTS
The enclosed product (a) was developed solely at private expense; (b) contains “restricted computer
software” submitted with restricted rights in accordance with Section 52227-19 (a) through (d) of the
Commercial Computer Software - Restricted Rights Clause and its successors, and (c) in all respects
is proprietary data belonging to Cabletron and/or its suppliers.
For Department of Defense units, the product is licensed with “Restricted Rights” as defined in the
DoD Supplement to the Federal Acquisition Regulations, Section 52.227-7013 (c) (1) (ii) and its
successors, and use, duplication, disclosure by the Government is subject to restrictions as set forth in
subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at
252.227-7013. Cabletron Systems, Inc., 35 Industrial Way, Rochester, New Hampshire 03867-0505.
