EMERSONEnterasys® A4 Fast Ethernet Switch

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, forfailure

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

law.

11. ASSIGNMENT. You may not assign, transfer or sublicense this Agreement or any of Your rights or obligations under this

Agreement, except that You may assign this Agreement to any person or entity which acquires substantially all of Your stock

assets. Enterasys may assign this Agreement in its sole discretion. This Agreement shall be binding upon and inure to the benefit

of the parties, their legal representatives, permitted transferees, successors and assigns as permitted by this Agreement. Any

attempted assignment, transfer or sublicense in violation of the terms of this Agreement shall be void and a breach of this

Agreement.

12. WAIVER. A waiver by Enterasys of a breach of any of the terms and conditions of this Agreement must be in writing and

will not be construed as a waiver of any subsequent breach of such term or condition. Enterasys’ failure to enforce a term upon

Your breach of such term shall not be construed as a waiver of Your breach or prevent enforcement on any other occasion.

13. SEVERABILITY. In the event any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity,

legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired thereby, and that

provision shall be reformed, construed and enforced to the maximum extent permissible. Any such invalidity, illegality, or

unenforceability in any jurisdiction shall not invalidate or render illegal or unenforceable such provision in any other

jurisdiction.

14. TERMINATION. Enterasys may terminate this Agreement immediately upon Your breach of any of the terms and

conditions of 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.

This guide provides an overview, installation and troubleshooting instructions, and specifications

for the Enterasys® A4 Fast Ethernet switches.

For information about the Command Line Interface (CLI) set of commands used to configure and

manage the A4 switches, refer to the Enterasys A4 CLI Reference.

This preface provides an overview of this guide and the A4 manual set, and explains the symbols

used throughout this guide.

Who Should Use This Guide

This guide is intended for a network administrator responsible for installing and setting up the