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IMPORTANT: Read Before Using This Product
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING
THIS PRODUCT. IT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED BY 3COM
CORPORATION (“3COM”) TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. IF
YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE
SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS.
LICENSE:
3Com grants you a nonexclusive license to use the accompanying software program(s) (the
“Software”) subject to the terms and restrictions set forth in this License Agreement. You are not
permitted to lease, rent, distribute or sublicense the Software or to use the Software in a time-sharing
arrangement or in any other unauthorized manner. Further, no license is granted to you in the human
readable code of the Software (source code). Except as provided below, this License Agreement does
not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect
to the Software.
The Software is licensed to be used on any workstation or any network server owned by or leased to
you, provided that the Software is used only in connection with a 3Com adapter. You may reproduce
and provide one (1) copy of the Software and supporting documentation for each such workstation or
network server on which the Software is used as permitted hereunder. Otherwise, the Software and
supporting documentation may be copied only as essential for backup or archive purposes in support
of your use of the Software as permitted hereunder. You must reproduce and include all copyright
notices and any other proprietary rights notices appearing on the Software and the supporting
documentation on any copies that you make.
NO ASSIGNMENT; NO REVERSE ENGINEERING:
You may not transfer or assign the Software and/or
this License Agreement to another party without the prior written consent of 3Com. If such consent is
given and you transfer or assign the Software and/or this License Agreement, then you must at the
same time either transfer any copies of the Software as well as the supporting documentation to the
same party or destroy any such materials not transferred. Except as set forth above, you may not
transfer or assign the Software or your rights under this License Agreement.
Modification, reverse engineering, reverse compiling, or disassembly of the Software is expressly
prohibited. However, if you are a European Community (“EC”) resident, information necessary to
achieve interoperability of the Software with other programs within the meaning of the EC Directive on
the Legal Protection of Computer Programs is available to you from 3Com upon written request.
EXPORT RESTRICTIONS:
You agree that you will not export or re-export the Software or
accompanying documentation (or any copies thereof) or any products utilizing the Software or such
documentation in violation of any applicable laws or regulations of the United States and the country
in which you obtained them.
TRADE SECRETS; TITLE:
You acknowledge and agree that the structure, sequence and organization
of the Software are the valuable trade secrets of 3Com and its suppliers. You agree to hold such trade
secrets in confidence. You further acknowledge and agree that ownership of, and title to, the Software
and all subsequent copies thereof regardless of the form or media are held by 3Com and its suppliers.
UNITED STATES GOVERNMENT LEGEND:
All technical data and computer software are commercial
in nature and developed solely at private expense. The Software is delivered as “Commercial Computer
Software” as defined in DFARS 252.227-7014 (June 1995) or as a “commercial item” as defined in
FAR 2.101(a) and as such is provided with only such rights as are provided in this License Agreement,
which is 3Com’s standard commercial license for the Software. Technical data is provided with limited
rights only as provided in DFAR 252.227-7015 (Nov. 1995) or FAR 52.227-14 (June 1987), whichever is
applicable. You agree not to remove or deface any portion of any legend provided on any licensed
program or documentation delivered to you under this License Agreement.
TERM AND TERMINATION:
This license will expire fifty (50) years from the date that you first use the
Software, if it is not earlier terminated. You may terminate it at any time by destroying the Software
and documentation together with all copies and merged portions in any form. It will also terminate
immediately if you fail to comply with any term or condition of this License Agreement. Upon such
termination you agree to destroy the Software and documentation, together with all copies and
merged portions in any form.
GOVERNING LAW:
This License Agreement shall be governed by the laws of the State of California as
such laws are applied to agreements entered into and to be performed entirely within California
between California residents and by the laws of the United States. You agree that the United Nations
Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety
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