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.
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 Documentation and all subsequent copies thereof regardless of the form or media are held by
3Com and its suppliers.
UNITED STATES GOVERNMENT LEGENDS:
The Software, Documentation and any other technical
data provided hereunder is 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 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.
TERM AND TERMINATION:
This Agreement and license will expire fifty (50) years from the date that
you install the Software and Documentation, if it is not terminated earlier. 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
Agreement. Upon such termination you agree to destroy the Software and Documentation, together
with all copies and merged portions in any form.
LIMITED WARRANTIES AND LIMITATION OF LIABILITY:
All warranties and limitations of liability
applicable to the Software are as stated on the Limited Warranty Card or in the product manual,
whether in paper or electronic form, accompanying the Software. Such warranties and limitations
of liability are incorporated herein in their entirety by this reference.
GOVERNING LAW:
This Agreement shall be governed by the laws of the State of California, U.S.A.
excluding its conflicts of laws principles and excluding the United Nations Convention on Contracts for
the International Sale of Goods.
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 and a valid, legal and enforceable provision of similar intent and
economic impact shall be substituted therefor.
ENTIRE AGREEMENT:
This Agreement sets forth the entire understanding and agreement between
you and 3Com and supersedes all prior agreements, whether written or oral, with respect to the
Software and Documentation, and may be amended only in a writing signed by both parties.
Should you have any questions concerning this Agreement or if you desire to contact 3Com for
any reason, please contact the 3Com subsidiary serving your country, or write: 3Com Corporation,
Customer Support Information, 5400 Bayfront Plaza, Santa Clara, CA 95052
