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.
