ix
ENTERASYS NETWORKS, INC. SOFTWARE LICENSE AGREEMENT
This
document
is
an
agreement
(“Agreement”)
between
You,
the
end
user,
and
Enterasys
Networks,
Inc.
on
behalf
of
itself
and
its
Affiliates
(“Enterasys”)
that
sets
forth
your
rights
and
obligations
with
respect
to
the
software
contained
in
CD
‐
ROM
or
other
media.
“Affiliates”
means
any
person,
partnership,
corporation,
limited
liability
company,
or
other
form
of
enterprise
that
directly
or
indirectly
through
one
or
more
intermediaries,
controls,
or
is
controlled
by,
or
is
under
common
control
with
the
party
specified.
BY
INSTALLING
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,
INC.
(978)
684
‐
1000.
Attn:
Legal
Department.
Enterasys
will
grant
You
a
non
‐
transferable,
non
‐
exclusive
license
to
use
the
machine
‐
readable
form
of
software
(the
“Licensed
Software”)
and
the
accompanying
documentation
(the
Licensed
Software,
the
media
embodying
the
Licensed
Software,
and
the
documentation
are
collectively
referred
to
in
this
Agreement
as
the
“Licensed
Materials”)
on
one
single
computer
if
You
agree
to
the
following
terms
and
conditions:
1.
TERM.
This
Agreement
is
effective
from
the
date
on
which
You
open
the
package
containing
the
Licensed
Materials.
You
may
terminate
the
Agreement
at
any
time
by
destroying
the
Licensed
Materials,
together
with
all
copies,
modifications
and
merged
portions
in
any
form.
The
Agreement
and
your
license
to
use
the
Licensed
Materials
will
also
terminate
if
You
fail
to
comply
with
any
term
or
condition
herein.
2.
GRANT
OF
SOFTWARE
LICENSE.
The
license
granted
to
You
by
Enterasys
when
You
open
this
sealed
package
authorizes
You
to
use
the
Licensed
Software
on
any
one,
single
computer
only,
or
any
replacement
for
that
computer,
for
internal
use
only.
A
separate
license,
under
a
separate
Software
License
Agreement,
is
required
for
any
other
computer
on
which
You
or
another
individual
or
employee
intend
to
use
the
Licensed
Software.
YOU
MAY
NOT
USE,
COPY,
OR
MODIFY
THE
LICENSED
MATERIALS,
IN
WHOLE
OR
IN
PART,
EXCEPT
AS
EXPRESSLY
PROVIDED
IN
THIS
AGREEMENT.
3.
RESTRICTION
AGAINST
COPYING
OR
MODIFYING
LICENSED
MATERIALS
. Except
as
expressly
permitted
in
this
Agreement,
You
may
not
copy
or
otherwise
reproduce
the
Licensed
Materials.
In
no
event
does
the
limited
copying
or
reproduction
permitted
under
this
Agreement
include
the
right
to
decompile,
disassemble,
electronically
transfer,
or
reverse
engineer
the
Licensed
Software,
or
to
translate
the
Licensed
Software
into
another
computer
language.
The
media
embodying
the
Licensed
Software
may
be
copied
by
You,
in
whole
or
in
part,
into
printed
or
machine
readable
form,
in
sufficient
numbers
only
for
backup
or
archival
purposes,
or
to
replace
a
worn
or
defective
copy.
However,
You
agree
not
to
have
more
than
two
(2)
copies
of
the
Licensed
Software
in
whole
or
in
part,
including
the
original
media,
in
your
possession
for
said
purposes
without
Enterasys’
prior
written
consent,
and
in
no
event
shall
You
operate
more
than
one
copy
of
the
Licensed
Software.
You
may
not
copy
or
reproduce
the
documentation.
You
agree
to
maintain
appropriate
records
of
the
location
of
the
original
media
and
all
copies
of
the
Licensed
Software,
in
whole
or
in
part,
made
by
You.
You
may
modify
the
machine
‐
readable
form
of
the
Licensed
Software
for
(1)
your
own
internal
use
or
(2)
to
merge
the
Licensed
Software
into
other
program
material
to
form
a
modular
work
for
your
own
use,
provided
that
such
work
remains
modular,
but
on
termination
of
this
Agreement,
You
are
required
to
completely
remove
the
Licensed
Software
from
any
such
modular
work.
Any
portion
of
the
Licensed
Software
included
in
any
such
modular
work
shall
be
used
only
on
a
single
computer
for
internal
purposes
and
shall
remain
subject
to
all
the
terms
and
conditions
of
this
Agreement.
You
agree
to
include
any
copyright
or
other
proprietary
notice
set
forth
on
the
label
of
the
media
embodying
the
Licensed
Software
on
any
copy
of
the
Licensed
Software
in
any
form,
in
whole
or
in
part,
or
on
any
modification
of
the
Licensed
Software
or
any
such
modular
work
containing
the
Licensed
Software
or
any
part
thereof.
4.
TITLE
AND
PROPRIETARY
RIGHTS
.
(a) The
Licensed
Materials
are
copyrighted
works
and
are
the
sole
and
exclusive
property
of
Enterasys,
any
company
or
a
division
thereof
which
Enterasys
controls
or
is
controlled
by,
or
which
may
result
from
the
merger
or
consolidation
with
Enterasys
(its
“Affiliates”),
and/or
their
suppliers.
This
Agreement
conveys
a
limited
right
to
operate
the
Licensed
Materials
and
shall
not
be
construed
to
convey
title
to
the
Licensed
Materials
to
You.
There
are
no
implied
rights.
You
shall
not
sell,
lease,
transfer,
sublicense,
dispose
of,
or
otherwise
make
available
the
Licensed
Materials
or
any
portion
thereof,
to
any
other
party.
(b) You
further
acknowledge
that
in
the
event
of
a
breach
of
this
Agreement,
Enterasys
shall
suffer
severe
and
irreparable
damages
for
which
monetary
compensation
alone
will
be
inadequate.
You
therefore
agree
that
in
the
event
of
a
breach
of
this
Agreement,
Enterasys
shall
be
entitled
to
monetary
damages
and
its
reasonable
attorney’s
fees
and
costs
in
enforcing
this
Agreement,
as
well
as
injunctive
relief
to
restrain
such
breach,
in
addition
to
any
other
remedies
available
to
Enterasys.
Summary of Contents for Sentinel SNS-TAG-HPA
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