schneiderEnterasys® 800-Series Fast Ethernet/Gigabit Ethernet Switches

either directly or indirectly, to any country subject to a U.S. trade embargo or sanction (e.g. Cuba, N. Korea, Iran, Syria, Sudan) 

or to any resident or national of said countries, or to any person, organization, or entity on any of the restricted parties lists 

maintained by the U.S. Departments of State, Treasury, or Commerce. In addition, You agree that You will not export, reexport 

or transfer the Licensed Materials to any end-user engaged in activities, or for any end-use, directly or indirectly related to the 

design, development, production, use, or stockpiling of weapons of mass destruction, e.g. nuclear, chemical, or biological 

weapons, and the missile technology to deliver them.

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 U.S. 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.

8. AUDIT RIGHTS. You hereby acknowledge that the intellectual property rights associated with the Program are of critical 

value to Enterasys, and, accordingly, You hereby agree to maintain complete books, records and accounts showing (i) license 

fees due and paid, and (ii) the use, copying and deployment of the Program. You also grant to Enterasys and its authorized 

representatives, upon reasonable notice, the right to audit and examine during Your normal business hours, Your books, records,

accounts and hardware devices upon which the Program may be deployed to verify compliance with this Agreement, including 

the verification of the license fees due and paid Enterasys and the use, copying and deployment of the Program. Enterasys’ right 

of examination shall be exercised reasonably, in good faith and in a manner calculated to not unreasonably interfere with Your 

business. In the event such audit discovers non-compliance with this Agreement, including copies of the Program made, used 

or deployed in breach of this Agreement, You shall promptly pay to Enterasys the appropriate license fees. Enterasys reserves 

the right, to be exercised in its sole discretion and without prior notice, to terminate this license, effective immediately, for failure 

to comply with this Agreement. Upon any such termination, You shall immediately cease all use of the Program and shall return 

to Enterasys the Program and all copies of the Program.

9. OWNERSHIP. This is a license agreement and not an agreement for sale. You acknowledge and agree that the Program 

constitutes trade secrets and/or copyrighted material of Enterasys and/or its suppliers. You agree to implement reasonable 

security measures to protect such trade secrets and copyrighted material. All right, title and interest in and to the Program shall 

remain with Enterasys and/or its suppliers. All rights not specifically granted to You shall be reserved to Enterasys.

10. ENFORCEMENT. You acknowledge and agree that any breach of Sections 2, 4, or 9 of this Agreement by You may cause 

Enterasys irreparable damage for which recovery of money damages would be inadequate, and that Enterasys may be entitled 

to seek timely injunctive relief to protect Enterasys’ rights under this Agreement in addition to any and all remedies available at