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3C
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OFTWARE
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IMPORTANT: Read Before Using This Product
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS
BEFORE INSTALLING AND USING, THE USE OF WHICH IS LICENSED BY 3COM
CORPORATION (“3COM”) TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET
FORTH BELOW. INSTALLING OR USING ANY PART OF THE SOFTWARE
INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO
NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT
INSTALL OR USE THE SOFTWARE. YOU SHOULD RETURN THE ENTIRE PRODUCT
WITH THE SOFTWARE UNUSED TO THE SUPPLIER WHERE YOU OBTAINED IT.
LICENSE:
3Com grants you a nonexclusive, nontransferable (except as specified
herein) license to use the accompanying software program(s) in executable form (the
“Software”) and accompanying documentation (the “Documentation”), subject to
the terms and restrictions set forth in this Agreement. You are not permitted to
lease, rent, distribute or sublicense (except as specified herein) the Software or
Documentation or to use the Software or Documentation 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 Agreement does not grant you any rights to patents, copyrights, trade
secrets, trademarks, or any other rights with respect to the Software
or Documentation.
Subject to the restrictions set forth herein, the Software is licensed to be used on any
workstation or any network server owned by or leased to you, for your internal use,
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 Documentation for each such
workstation or network server on which the Software is used as permitted hereunder.
Otherwise, the Software and Documentation may be copied only as essential for
backup or archive purposes in support of your use of the Software as permitted
hereunder. Each copy of the Software and Documentation must contain 3Com’s
and its licensors’ proprietary rights and copyright notices in the same form as on the
original. You agree not to remove or deface any portion of any legend provided on any
licensed program or documentation delivered to you under this Agreement.
ASSIGNMENT; NO REVERSE ENGINEERING:
You may transfer the Software,
Documentation and the licenses granted herein to another party in the same country
in which you obtained the Software and Documentation if the other party agrees in
writing to accept and be bound by the terms and conditions of this Agreement. If
you transfer all copies of the Software and Documentation to the party or you must
destroy any copies not transferred. Except as set forth above, you may not assign or
transfer your rights under this 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, Documentation or other technical data received hereunder (or any copies
thereof) (collectively “Technical Data”) or any products utilizing the Technical Data in
violation of any applicable laws or regulations of the United States or the country in
which you obtained them or where you reside.
In addition, the Technical Data
covered by this Agreement may contain data encryption code which is
unlawful to export or transfer from the United States or Canada without an
approved US Department of Commerce export license and/or appropriate
foreign export or import license.
You are responsible for obtaining any licenses to
export, re-export or import the Technical Data. In addition to the above, Technical
Data may not be used, exported or re-exported (i) into or to a national or resident of
any country to which the U.S. has embargoed goods; or (ii) to any one on the U.S.
Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce
Department’s Table of Denial Orders.