Issue 1.2 MAN-MARLIN-INSTALL
5. Government Licensees. This provision applies to all Software and documentation acquired
directly or indirectly by or on behalf of the United States Government. The Software and
documentation are commercial products, licensed on the open market at market prices, and were
developed entirely at private expense and without the use of any U.S. Government funds. The
license to the U.S. Government is granted only with restricted rights and use, duplication, or
disclosure by the U.S. Government is subject to the restrictions set forth in subparagraph (c)(1) of
the Commercial Computer Software––Restricted Rights clause of FAR 52.227-19 and the
limitations set out in this license for civilian agencies, and subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause of DFARS 252.227-7013, for agencies of the
Department of Defense, or their successors, whichever is applicable.
6. Use of Software in the European Community. This provision applies to all Software
acquired for use within the European Community. If Licensee uses the Software within a
country in the European Community, the Software Directive enacted by the Council of European
Communities Directive dated 14 May, 1991, will apply to the examination of the Software to
facilitate interoperability. Licensee agrees to notify Bay Networks of any such intended
examination of the Software, and may procure support and assistance from Bay Networks.
7. Term and termination. This license is effective until terminated; however all of the
restrictions with respect to Bay Networks' copyright in the Software and user manuals will cease
being effective at the date of expiration of the Bay Networks copyright; those restrictions
relating to use and disclosure of Bay Networks' confidential information shall continue in effect.
Licensee may terminate this license at any time. The license will automatically terminate if
Licensee fails to comply with any of the terms and conditions of the license. Upon termination
for any reason, Licensee will immediately destroy or return to Bay Networks the Software, user
manuals, and all copies. Bay Networks is not liable to Licensee for damages in any form solely
by reason of the termination of this license.
8. Export and Re-export. Licensee agrees not to export, directly or indirectly, the Software or
related technical data or information without first obtaining any required export licenses or other
governmental approvals. Without limiting the foregoing, Licensee, on behalf of itself and its
subsidiaries and affiliates, agrees that it will not, without first obtaining all export licenses and
approvals required by the United States government: (i) export, re-export, transfer or divert any
such Software or technical data, or any direct product thereof, to any country to which such
exports or re-exports are restricted or embargoed under United States export control laws and
regulations, or to any national or resident of such restricted or embargoed countries; or (ii)
provide the Software or related technical data or information to any military end user or for any
military end use, including the design, development or production of any chemical, nuclear, or
biological weapons.
