ENTERASYS NETWORKS, INC.
PROGRAM LICENSE AGREEMENT
BEFORE OPENING OR UTILIZING THE ENCLOSED PRODUCT,
CAREFULLY READ THIS LICENSE AGREEMENT.
This document is an agreement (“Agreement”) between You, the end user, and Enterasys Networks, Inc. (“Enterasys”)
that sets forth your rights and obligations with respect to the Enterasys software program (“Program”) in the package.
The Program may be contained in firmware, chips or other media. UTILIZING THE ENCLOSED PRODUCT, YOU
ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT, WHICH INCLUDES THE
LICENSE AND THE LIMITATION OF WARRANTY AND DISCLAIMER OF LIABILITY. IF YOU DO NOT
AGREE TO THE TERMS OF THIS AGREEMENT, RETURN THE UNOPENED PRODUCT TO ENTERASYS OR
YOUR DEALER, IF ANY, WITHIN TEN (10) DAYS FOLLOWING THE DATE OF RECEIPT FOR A FULL
REFUND.
IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, CONTACT ENTERASYS NETWORKS
(603) 332-9400. Attn: Legal Department.
1.
LICENSE. You have the right to use only the one (1) copy of the Program provided in this package subject to the
terms and conditions of this License Agreement.
You may not copy, reproduce or transmit any part of the Program except as permitted by the Copyright Act of the
United States or as authorized in writing by Enterasys.
2.
OTHER RESTRICTIONS. You may not reverse engineer, decompile, or disassemble the Program.
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 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.
