EMERSONEnterasys® A4 Fast Ethernet Switch

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:

(a) 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.

(b) 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.

(c) Publish, disclose, copy reproduce or transmit the Program, in whole or in part.

(d) Assign, sell, license, sublicense, rent, lease, encumber by way of security interest, pledge or otherwise transfer the

Program, in whole or in part.

(e) Remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any

part of the Program.

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

of the Commonwealth of Massachusetts without regard to its conflicts of laws provisions. You accept the personal jurisdiction

and venue of the Commonwealth of Massachusetts 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.

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 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 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 Section 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, Cambodia, Cuba, Georgia, Iraq, Kazakhstan, Laos, Libya, Macau,

Moldova, Mongolia, North Korea, the People’s Republic of China, Russia, 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 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,