Enterasys Networks Smart 2200 Manuel d'utilisateur télécharger pdf (Page 6)

3. APPLICABLE LAW. This Agreement shall be interpreted and governed under the laws and in the state and federal

courts of New Hampshire without regard to its conflicts of laws provisions. You accept the personal jurisdiction and venue

of the New Hampshire courts. None of the 1980 United Nations Convention on Contracts for the International Sale of

Goods, the 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.

4. EXPORT RESTRICTIONS. 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 Program is obtained from the U.S. Government or

an exception from obtaining such license may be relied upon by the exporting party.

If the Program is 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 Program and agree that You will use the

Program for civil end uses only and not for military purposes.

If the Program is 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 Sections 1 or 2 of this Agreement, You

agree not to (i) reexport or release the Program, the source code for the Program or technology to a national of a country

in Country Groups D:1 or E:2 (Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, Cuba, Estonia, Georgia,

Iraq, Kazakhstan, Kyrgyzstan, Laos, Latvia, Libya, Lithuania, Moldova, North Korea, the People’s Republic of China,

Romania, Russia, Rwanda, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, Vietnam, or such other countries as may be

designated by the United States Government), (ii) export to Country Groups D:1 or E:2 (as defined herein) the direct

product of the Program or the technology, if such foreign produced direct product is subject to national security controls

as identified on the U.S. Commerce Control List, or (iii) if the direct product of the technology is a complete plant or any

major component of a plant, export to Country Groups D:1 or E:2 the direct product of the plant or a major component

thereof, if such foreign produced direct product is subject to national security controls as identified on the U.S. Commerce

Control List or is subject to State Department controls under the U.S. Munitions List.

5. UNITED STATES GOVERNMENT RESTRICTED RIGHTS. The enclosed Program (i) was 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 Program

is considered commercial computer software in accordance with DFARS section 227.7202-3 and its successors, and use,

duplication, or disclosure by the Government is subject to restrictions set forth herein.

6. DISCLAIMER OF WARRANTY. EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED TO YOU

IN WRITING BY ENTERASYS, ENTERASYS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR

IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,

SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT

WITH RESPECT TO THE PROGRAM. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED BY

APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30)

DAYS AFTER DELIVERY OF THE PROGRAM TO YOU.

7. LIMITATION OF LIABILITY. IN NO EVENT SHALL ENTERASYS OR ITS SUPPLIERS BE LIABLE FOR

ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF

BUSINESS, PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, SPECIAL,

INCIDENTAL, CONSEQUENTIAL, OR RELIANCE DAMAGES, OR OTHER LOSS) ARISING OUT OF THE USE

OR INABILITY TO USE THE PROGRAM, EVEN IF ENTERASYS HAS BEEN ADVISED OF THE POSSIBILITY

OF SUCH DAMAGES. THIS FOREGOING LIMITATION SHALL APPLY REGARDLESS OF THE CAUSE OF

ACTION UNDER WHICH DAMAGES ARE SOUGHT.

THE CUMULATIVE LIABILITY OF ENTERASYS TO YOU FOR ALL CLAIMS RELATING TO THE PROGRAM,

IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID TO

ENTERASYS BY YOU FOR THE RIGHTS GRANTED HEREIN.

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Enterasys Networks Smart 2200 Manuel d'utilisateur Page 6

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