ix
Notice
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 o r 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 Cabletron 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 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 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 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 IN THE DURATION OR
LIMITATION OF IMPLIED WARRANTIES IN SOME INSTANCES, THE ABOVE LIMITATION AND
EXCLUSIONS MAY NOT APPLY TO YOU.
