Notice
iv
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.
4.
EXPORT REQUIREMENTS.
You understand that Cabletron and its Affiliates are subject to
regulation by agencies of the U.S. Government, including the U.S. Department of Commerce, which
prohibit export or diversion of certain technical products to certain countries, unless a license to export
the product is obtained from the U.S. Government or an exception from obtaining such license may be
relied upon by the exporting party.
If the Program is exported from the United States pursuant to the License Exception CIV under the
U.S. Export Administration Regulations, You agree that You are a civil end user of the Program and
agree that You will use the Program for civil end uses only and not for military purposes.
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 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.
