iii
Notice
ENTERASYS NETWORKS, INC.
PROGRAM LICENSE AGREEMENT
BEFORE OPENING OR UTILIZING THE ENCLOSED PRODUCT,
CAREFULLY READ THIS LICENSE AGREEMENT.
This document is an agreement (“Agreement”) between the end user (“You”) and Enterasys Networks, Inc. on
behalf of itself and its Affiliates (as hereinafter defined) (“Enterasys”) that sets forth Your rights and
obligations with respect to the Enterasys software program (including any accompanying documentation,
hardware or media) (“Program”) in the package and prevails over any additional, conflicting or inconsistent
terms and conditions appearing on any purchase order or other document submitted by You. “Affiliate” means
any person, partnership, corporation, limited liability company, or other form of enterprise that directly or
indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with
the party specified. This Agreement constitutes the entire understanding between the parties, and supersedes
all prior discussions, representations, understandings or agreements, whether oral or in writing, between the
parties with respect to the subject matter of this Agreement. The Program may be contained in firmware, chips
or other media.
BY INSTALLING OR OTHERWISE USING THE PROGRAM, YOU REPRESENT THAT YOU ARE
AUTHORIZED TO ACCEPT THESE TERMS ON BEHALF OF THE END USER (IF THE END USER IS
AN ENTITY ON WHOSE BEHALF YOU ARE AUTHORIZED TO ACT, “YOU” AND “YOUR” SHALL
BE DEEMED TO REFER TO SUCH ENTITY) AND THAT YOU AGREE THAT YOU ARE BOUND BY
THE TERMS OF THIS AGREEMENT, WHICH INCLUDES, AMONG OTHER PROVISIONS, THE
LICENSE, THE DISCLAIMER OF WARRANTY AND THE LIMITATION OF LIABILITY. IF YOU DO
NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ARE NOT AUTHORIZED TO ENTER INTO
THIS AGREEMENT, ENTERASYS IS UNWILLING TO LICENSE THE PROGRAM TO YOU AND YOU
AGREE TO RETURN THE UNOPENED PRODUCT TO ENTERASYS OR YOUR DEALER, IF ANY,
WITHIN TEN (10) DAYS FOLLOWING THE DATE OF RECEIPT FOR A FULL REFUND.
IF YOU HAVE ANY QUESTIONS ABOUT THIS AGREEMENT, CONTACT ENTERASYS
NETWORKS, LEGAL DEPARTMENT AT (978) 684-1000.
You and Enterasys agree as follows:
1.
LICENSE. You have the non-exclusive and non-transferable right to use only the one (1) copy of the
Program provided in this package subject to the terms and conditions of this Agreement.
2.
RESTRICTIONS. Except as otherwise authorized in writing by Enterasys, You may not, nor may You
permit any third party to:
(i)
Reverse engineer, decompile, disassemble or modify the Program, in whole or in part, including for
reasons of error correction or interoperability, except to the extent expressly permitted by applicable
law and to the extent the parties shall not be permitted by that applicable law, such rights are
expressly excluded. Information necessary to achieve interoperability or correct errors is available
from Enterasys upon request and upon payment of Enterasys’ applicable fee.
(ii) Incorporate the Program, in whole or in part, in any other product or create derivative works based on
the Program, in whole or in part.
(iii) Publish, disclose, copy, reproduce or transmit the Program, in whole or in part.
(iv) Assign, sell, license, sublicense, rent, lease, encumber by way of security interest, pledge or
otherwise transfer the Program, in whole or in part.
