viii
7.
LIMITATION
OF
LIABILITY.
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
THE
PROGRAM,
EVEN
IF
ENTERASYS
HAS
BEEN
ADVISED
OF
THE
POSSIBILITY
OF
SUCH
DAMAGES.
THIS
FOREGOING
LIMITATION
SHALL
APPLY
REGARDLESS
OF
THE
CAUSE
OF
ACTION
UNDER
WHICH
DAMAGES
ARE
SOUGHT.
THE
CUMULATIVE
LIABILITY
OF
ENTERASYS
TO
YOU
FOR
ALL
CLAIMS
RELATING
TO
THE
PROGRAM,
IN
CONTRACT,
TORT
OR
OTHERWISE,
SHALL
NOT
EXCEED
THE
TOTAL
AMOUNT
OF
FEES
PAID
TO
ENTERASYS
BY
YOU
FOR
THE
RIGHTS
GRANTED
HEREIN.
8.
AUDIT
RIGHTS.
You
hereby
acknowledge
that
the
intellectual
property
rights
associated
with
the
Program
are
of
critical
value
to
Enterasys,
and,
accordingly,
You
hereby
agree
to
maintain
complete
books,
records
and
accounts
showing
(i)
license
fees
due
and
paid,
and
(ii)
the
use,
copying
and
deployment
of
the
Program.
You
also
grant
to
Enterasys
and
its
authorized
representatives,
upon
reasonable
notice,
the
right
to
audit
and
examine
during
Your
normal
business
hours,
Your
books,
records,
accounts
and
hardware
devices
upon
which
the
Program
may
be
deployed
to
verify
compliance
with
this
Agreement,
including
the
verification
of
the
license
fees
due
and
paid
Enterasys
and
the
use,
copying
and
deployment
of
the
Program.
Enterasys’
right
of
examination
shall
be
exercised
reasonably,
in
good
faith
and
in
a
manner
calculated
to
not
unreasonably
interfere
with
Your
business.
In
the
event
such
audit
discovers
non
‐
compliance
with
this
Agreement,
including
copies
of
the
Program
made,
used
or
deployed
in
breach
of
this
Agreement,
You
shall
promptly
pay
to
Enterasys
the
appropriate
license
fees.
Enterasys
reserves
the
right,
to
be
exercised
in
its
sole
discretion
and
without
prior
notice,
to
terminate
this
license,
effective
immediately,
for
failure
to
comply
with
this
Agreement.
Upon
any
such
termination,
You
shall
immediately
cease
all
use
of
the
Program
and
shall
return
to
Enterasys
the
Program
and
all
copies
of
the
Program.
9.
OWNERSHIP.
This
is
a
license
agreement
and
not
an
agreement
for
sale.
You
acknowledge
and
agree
that
the
Program
constitutes
trade
secrets
and/or
copyrighted
material
of
Enterasys
and/or
its
suppliers.
You
agree
to
implement
reasonable
security
measures
to
protect
such
trade
secrets
and
copyrighted
material.
All
right,
title
and
interest
in
and
to
the
Program
shall
remain
with
Enterasys
and/or
its
suppliers.
All
rights
not
specifically
granted
to
You
shall
be
reserved
to
Enterasys.
10.
ENFORCEMENT.
You
acknowledge
and
agree
that
any
breach
of
Sections
2,
4,
or
9
of
this
Agreement
by
You
may
cause
Enterasys
irreparable
damage
for
which
recovery
of
money
damages
would
be
inadequate,
and
that
Enterasys
may
be
entitled
to
seek
timely
injunctive
relief
to
protect
Enterasys’
rights
under
this
Agreement
in
addition
to
any
and
all
remedies
available
at
law.
11.
ASSIGNMENT.
You
may
not
assign,
transfer
or
sublicense
this
Agreement
or
any
of
Your
rights
or
obligations
under
this
Agreement,
except
that
You
may
assign
this
Agreement
to
any
person
or
entity
which
acquires
substantially
all
of
Your
stock
assets.
Enterasys
may
assign
this
Agreement
in
its
sole
discretion.
This
Agreement
shall
be
binding
upon
and
inure
to
the
benefit
of
the
parties,
their
legal
representatives,
permitted
transferees,
successors
and
assigns
as
permitted
by
this
Agreement.
Any
attempted
assignment,
transfer
or
sublicense
in
violation
of
the
terms
of
this
Agreement
shall
be
void
and
a
breach
of
this
Agreement.
12.
WAIVER.
A
waiver
by
Enterasys
of
a
breach
of
any
of
the
terms
and
conditions
of
this
Agreement
must
be
in
writing
and
will
not
be
construed
as
a
waiver
of
any
subsequent
breach
of
such
term
or
condition.
Enterasys’
failure
to
enforce
a
term
upon
Your
breach
of
such
term
shall
not
be
construed
as
a
waiver
of
Your
breach
or
prevent
enforcement
on
any
other
occasion.
13.
SEVERABILITY.
In
the
event
any
provision
of
this
Agreement
is
found
to
be
invalid,
illegal
or
unenforceable,
the
validity,
legality
and
enforceability
of
any
of
the
remaining
provisions
shall
not
in
any
way
be
affected
or
impaired
thereby,
and
that
provision
shall
be
reformed,
construed
and
enforced
to
the
maximum
extent
permissible.
Any
such
invalidity,
illegality,
or
unenforceability
in
any
jurisdiction
shall
not
invalidate
or
render
illegal
or
unenforceable
such
provision
in
any
other
jurisdiction.
14.
TERMINATION.
Enterasys
may
terminate
this
Agreement
immediately
upon
Your
breach
of
any
of
the
terms
and
conditions
of
this
Agreement.
Upon
any
such
termination,
You
shall
immediately
cease
all
use
of
the
Program
and
shall
return
to
Enterasys
the
Program
and
all
copies
of
the
Program.
Summary of Contents for Enterasys Diamond Distributed Forwarding Engine 7KR4297-02
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Page 42: ...Completing the Installation 3 20 Installation ...
Page 50: ...Overview of DFE Diamond Module Shutdown Procedure 4 8 Troubleshooting ...
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