(b) You further acknowledge that in the event of a breach of this Agreement, Enterasys shall suffer severe and irreparable
damages for which monetary compensation alone will be inadequate. You therefore agree that in the event of a breach
of this Agreement, Enterasys shall be entitled to monetary damages and its reasonable attorney’s fees and costs in
enforcing this Agreement, as well as injunctive relief to restrain such breach, in addition to any other remedies available
to Enterasys.
5.
PROTECTION AND SECURITY
. In the performance of this Agreement or in contemplation thereof, You and your
employees and agents may have access to private or confidential information owned or controlled by Enterasys relating to the
Licensed Materials supplied hereunder including, but not limited to, product specifications and schematics, and such information
may contain proprietary details and disclosures. All information and data so acquired by You or your employees or agents under
this Agreement or in contemplation hereof shall be and shall remain Enterasys’ exclusive property, and You shall use your best
efforts (which in any event shall not be less than the efforts You take to ensure the confidentiality of your own proprietary and
other confidential information) to keep, and have your employees and agents keep, any and all such information and data
confidential, and shall not copy, publish, or disclose it to others, without Enterasys’ prior written approval, and shall return such
information and data to Enterasys at its request. Nothing herein shall limit your use or dissemination of information not actually
derived from Enterasys or of information which has been or subsequently is made public by Enterasys, or a third party having
authority to do so.
You agree not to deliver or otherwise make available the Licensed Materials or any part thereof, including without limitation
the object or source code (if provided) of the Licensed Software, to any party other than Enterasys or its employees, except for
purposes specifically related to your use of the Licensed Software on a single computer as expressly provided in this
Agreement, without the prior written consent of Enterasys. You agree to use your best efforts and take all reasonable steps to
safeguard the Licensed Materials to ensure that no unauthorized personnel shall have access thereto and that no unauthorized
copy, publication, disclosure, or distribution, in whole or in part, in any form shall be made, and You agree to notify Enterasys of
any unauthorized use thereof. You acknowledge that the Licensed Materials contain valuable confidential information and trade
secrets, and that unauthorized use, copying and/or disclosure thereof are harmful to Enterasys or its Affiliates and/or its/their
software suppliers.
6.
MAINTENANCE AND UPDATES
. Updates and certain maintenance and support services, if any, shall be provided to You
pursuant to the terms of a Enterasys Service and Maintenance Agreement, if Enterasys and You enter into such an agreement.
Except as specifically set forth in such agreement, Enterasys shall not be under any obligation to provide Software Updates,
modifications, or enhancements, or Software maintenance and support services to You.
7.
DEFAULT AND TERMINATION
. In the event that You shall fail to keep, observe, or perform any obligation under this
Agreement, including a failure to pay any sums due to Enterasys, or in the event that You become insolvent or seek protection,
voluntarily or involuntarily, under any bankruptcy law, Enterasys may, in addition to any other remedies it may have under law,
terminate the License and any other agreements between Enterasys and You.
(a) Immediately after any termination of the Agreement or if You have for any reason discontinued use of Software, You
shall return to Enterasys the original and any copies of the Licensed Materials and remove the Licensed Software from
any modular works made pursuant to Section 3, and certify in writing that through your best efforts and to the best of
your knowledge the original and all copies of the terminated or discontinued Licensed Materials have been returned to
Enterasys.
(b) Sections 4, 5, 7, 8, 9, 10, 11, and 12 shall survive termination of this Agreement for any reason.
8.
EXPORT REQUIREMENTS
. You understand that Enterasys and its Affiliates are subject to regulation by agencies of the
U.S. Government, including the U.S. Department of Commerce, which prohibit export or diversion of certain technical products
to certain countries, unless a license to export the product is obtained from the U.S. Government or an exception from obtaining
such license may be relied upon by the exporting party.
If the Licensed Materials are exported from the United States pursuant to the License Exception CIV under the U.S. Export
Administration Regulations, You agree that You are a civil end user of the Licensed Materials and agree that You will use the
Licensed Materials for civil end uses only and not for military purposes.
If the Licensed Materials are exported from the United States pursuant to the License Exception TSR under the U.S.
Export Administration Regulations, in addition to the restriction on transfer set forth in Section 4 of this Agreement, You agree
not to (i) reexport or release the Licensed Software, the source code for the Licensed Software or technology to a national of a
country in Country Groups D:1 or E:2 (Albania, Armenia, Azerbaijan, Belarus, Cambodia, Cuba, Georgia, Iraq, Kazakhstan,
Kyrgyzstan, Laos, Libya, Macau, Moldova, Mongolia, North Korea, the People’s Republic of China, Russia, Tajikistan,
Содержание Security Information and Event Manager
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