iv
9.
UNITED
STATES
GOVERNMENT
RESTRICTED
RIGHTS
. The
Licensed
Materials
(i)
were
developed
solely
at
private
expense;
(ii)
contains
“restricted
computer
software”
submitted
with
restricted
rights
in
accordance
with
section
52.227
‐
19
(a)
through
(d)
of
the
Commercial
Computer
Software
‐
Restricted
Rights
Clause
and
its
successors,
and
(iii)
in
all
respects
is
proprietary
data
belonging
to
Enterasys
and/or
its
suppliers.
For
Department
of
Defense
units,
the
Licensed
Materials
are
considered
commercial
computer
software
in
accordance
with
DFARS
section
227.7202
‐
3
and
its
successors,
and
use,
duplication,
or
disclosure
by
the
U.S.
Government
is
subject
to
restrictions
set
forth
herein.
10.
LIMITED
WARRANTY
AND
LIMITATION
OF
LIABILITY
. The
only
warranty
Enterasys
makes
to
You
in
connection
with
this
license
of
the
Licensed
Materials
is
that
if
the
media
on
which
the
Licensed
Software
is
recorded
is
defective,
it
will
be
replaced
without
charge,
if
Enterasys
in
good
faith
determines
that
the
media
and
proof
of
payment
of
the
license
fee
are
returned
to
Enterasys
or
the
dealer
from
whom
it
was
obtained
within
ninety
(90)
days
of
the
date
of
payment
of
the
license
fee.
NEITHER
ENTERASYS
NOR
ITS
AFFILIATES
MAKE
ANY
OTHER
WARRANTY
OR
REPRESENTATION,
EXPRESS
OR
IMPLIED,
WITH
RESPECT
TO
THE
LICENSED
MATERIALS,
WHICH
ARE
LICENSED
ʺ
AS
IS
ʺ
.
THE
LIMITED
WARRANTY
AND
REMEDY
PROVIDED
ABOVE
ARE
EXCLUSIVE
AND
IN
LIEU
OF
ALL
OTHER
WARRANTIES,
INCLUDING
IMPLIED
WARRANTIES
OF
MERCHANTABILITY
OR
FITNESS
FOR
A
PARTICULAR
PURPOSE,
WHICH
ARE
EXPRESSLY
DISCLAIMED,
AND
STATEMENTS
OR
REPRESENTATIONS
MADE
BY
ANY
OTHER
PERSON
OR
FIRM
ARE
VOID.
ONLY
TO
THE
EXTENT
SUCH
EXCLUSION
OF
ANY
IMPLIED
WARRANTY
IS
NOT
PERMITTED
BY
LAW,
THE
DURATION
OF
SUCH
IMPLIED
WARRANTY
IS
LIMITED
TO
THE
DURATION
OF
THE
LIMITED
WARRANTY
SET
FORTH
ABOVE.
YOU
ASSUME
ALL
RISK
AS
TO
THE
QUALITY,
FUNCTION
AND
PERFORMANCE
OF
THE
LICENSED
MATERIALS.
IN
NO
EVENT
WILL
ENTERASYS
OR
ANY
OTHER
PARTY
WHO
HAS
BEEN
INVOLVED
IN
THE
CREATION,
PRODUCTION
OR
DELIVERY
OF
THE
LICENSED
MATERIALS
BE
LIABLE
FOR
SPECIAL,
DIRECT,
INDIRECT,
RELIANCE,
INCIDENTAL
OR
CONSEQUENTIAL
DAMAGES,
INCLUDING
LOSS
OF
DATA
OR
PROFITS
OR
FOR
INABILITY
TO
USE
THE
LICENSED
MATERIALS,
TO
ANY
PARTY
EVEN
IF
ENTERASYS
OR
SUCH
OTHER
PARTY
HAS
BEEN
ADVISED
OF
THE
POSSIBILITY
OF
SUCH
DAMAGES.
IN
NO
EVENT
SHALL
ENTERASYS
OR
SUCH
OTHER
PARTY
ʹ
S
LIABILITY
FOR
ANY
DAMAGES
OR
LOSS
TO
YOU
OR
ANY
OTHER
PARTY
EXCEED
THE
LICENSE
FEE
YOU
PAID
FOR
THE
LICENSED
MATERIALS.
Some
states
do
not
allow
limitations
on
how
long
an
implied
warranty
lasts
and
some
states
do
not
allow
the
exclusion
or
limitation
of
incidental
or
consequential
damages,
so
the
above
limitation
and
exclusion
may
not
apply
to
You.
This
limited
warranty
gives
You
specific
legal
rights,
and
You
may
also
have
other
rights
which
vary
from
state
to
state.
11.
JURISDICTION
. The
rights
and
obligations
of
the
parties
to
this
Agreement
shall
be
governed
and
construed
in
accordance
with
the
laws
and
in
the
State
and
Federal
courts
of
the
Commonwealth
of
Massachusetts,
without
regard
to
its
rules
with
respect
to
choice
of
law.
You
waive
any
objections
to
the
personal
jurisdiction
and
venue
of
such
courts.
None
of
the
1980
United
Nations
Convention
on
the
Limitation
Period
in
the
International
Sale
of
Goods,
and
the
Uniform
Computer
Information
Transactions
Act
shall
apply
to
this
Agreement.
12.
GENERAL
.
(a) This
Agreement
is
the
entire
agreement
between
Enterasys
and
You
regarding
the
Licensed
Materials,
and
all
prior
agreements,
representations,
statements,
and
undertakings,
oral
or
written,
are
hereby
expressly
superseded
and
canceled.
(b) This
Agreement
may
not
be
changed
or
amended
except
in
writing
signed
by
both
parties
hereto.
(c) You
represent
that
You
have
full
right
and/or
authorization
to
enter
into
this
Agreement.
(d) This
Agreement
shall
not
be
assignable
by
You
without
the
express
written
consent
of
Enterasys,
The
rights
of
Enterasys
and
Your
obligations
under
this
Agreement
shall
inure
to
the
benefit
of
Enterasys’
assignees,
licensors,
and
licensees.
(e) Section
headings
are
for
convenience
only
and
shall
not
be
considered
in
the
interpretation
of
this
Agreement.
(f) The
provisions
of
the
Agreement
are
severable
and
if
any
one
or
more
of
the
provisions
hereof
are
judicially
determined
to
be
illegal
or
otherwise
unenforceable,
in
whole
or
in
part,
the
remaining
provisions
of
this
Agreement
shall
nevertheless
be
binding
on
and
enforceable
by
and
between
the
parties
hereto.
(g) Enterasys’
waiver
of
any
right
shall
not
constitute
waiver
of
that
right
in
future.
This
Agreement
constitutes
the
entire
understanding
between
the
parties
with
respect
to
the
subject
matter
hereof,
and
all
prior
agreements,
representations,
statements
and
undertakings,
oral
or
written,
are
hereby
expressly
superseded
and
canceled.
No
purchase
order
shall
supersede
this
Agreement.
(h) Should
You
have
any
questions
regarding
this
Agreement,
You
may
contact
Enterasys
at
the
address
set
forth
below.
Any
notice
or
other
communication
to
be
sent
to
Enterasys
must
be
mailed
by
certified
to
the
following
address:
ENTERASYS
NETWORKS,
INC.,
50
Minuteman
Road,
Andover,
MA
01810
Attn:
Manager
‐
Legal
Department.
Содержание AP2650
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Страница 46: ...Optional Third party External Antennas 4 6 Technical Specifications ...
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