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3Com Corporation
END USER SOFTWARE LICENSE AGREEMENT
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE
DOWNLOADING, INSTALLING AND USING THIS PRODUCT, THE USE OF WHICH IS
LICENSED BY 3COM CORPORATION ("3COM") TO ITS CUSTOMERS FOR THEIR USE ONLY
AS SET FORTH BELOW. DOWNLOADING, INSTALLING OR OTHERWISE USING ANY PART
OF THE SOFTWARE OR DOCUMENTATION INDICATES THAT YOU ACCEPT THESE TERMS
AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS
AGREEMENT, DO NOT DOWNLOAD, INSTALL OR OTHERWISE USE THE SOFTWARE OR
DOCUMENTATION, DO NOT CLICK ON THE "I AGREE" OR SIMILAR BUTTON. AND IF YOU
HAVE RECEIVED THE SOFTWARE AND DOCUMENTATION ON PHYSICAL MEDIA, RETURN
THE ENTIRE PRODUCT WITH THE SOFTWARE AND DOCUMENTATION 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 this 3Com product. 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 the
Software and Documentation, you must at the same time either 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 Union ("EU") resident, information
necessary to achieve interoperability of the Software with other programs within the
meaning of the EU Directive on the Legal Protection of Computer Programs is available to
you from 3Com upon written request.
EXPORT RESTRICTIONS: The Software, including the Documentation and all related
technical data (and any copies thereof) (collectively "Technical Data"), is subject to United
States Export control laws and may be subject to export or import regulations in other
countries. 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 country
where you legally obtained it without an approved U.S. Department of Commerce export
license and appropriate foreign export or import license, as required. You agree that you
will not export or re-export the Technical Data (or any copies thereof) or any products
utilizing the Technical Data in violation of any applicable laws or regulations of the United
States or the country where you legally obtained it. You are responsible for obtaining any
licenses to export, re-export or import the Technical Data.
In addition to the above, the Product 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; or (ii) to any
one on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury
Department's list of Specially Designated Nationals.
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: The licenses granted hereunder are perpetual unless
terminated earlier as specified below. You may terminate the licenses and this Agreement
at any time by destroying the Software and Documentation together with all copies and
merged portions in any form. The licenses and this Agreement will also terminate
immediately if you fail to comply with any term or condition of this Agreement. Upon
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