4.
EXPORT REQUIREMENTS
. You understand that Enterasys 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 or 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 Enterasys 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 Enterasys in writing, Enterasys
makes no warranty, expressed or implied, concerning the Program (including its documentation and media).
ENTERASYS DISCLAIMS ALL WARRANTIES, OTHER THAN THOSE SUPPLIED TO YOU BY
ENTERASYS 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 ENTERASYS 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 ENTERASYS PRODUCT, EVEN IF ENTERASYS 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.
