Notice
iv 90 33 260 -01
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 therestriction on transferset forth in
Sections 1 or 2of this Agreement, You agreenot to (i)reexport or release the Program, the source
code for the Program ortechnologytoa national of acountryinCountryGroups D:1 orE:2 (Albania,
Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, Cuba, Estonia, Georgia, Iraq, Kazakhstan,
Kyrgyzstan, Laos, Latvia, Libya, Lithuania, Moldova, North Korea, the People’s Republic ofChina,
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
orE:2 (as defined herein)the direct product oftheProgram orthetechnology, 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 o r any major
component of aplant, export to Country Groups D:1 orE:2 thedirect product of theplant 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. Theenclosed Product (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 Clauseand its successors, and (iii) in all respects is proprietary data
belongingto Cabletron and/orits suppliers.For Department ofDefenseunits,the Product is considered
commercial computersoftwarein accordance withDFARS section 227.7202-3 anditssuccessors, and
use, duplication, or disclosure by the Government is subject to restrictions set forth herein.
6. EXCLUSIONOFWARRANTY. Except as may be specifically provided by Cabletron in
writing, Cabletron makes no warranty, expressed orimplied, concerning the Program (including its
documentation and media).
CABLETRONDISCLAIMSALL WARRANTIES, OTHER THAN THOSE SUPPLIED TO
YOU BY CABLETRON IN WRITING, EITHER EXPRESSOR IMPLIED, INCLUDING BUT
NOT LIMITED TO IMPLIED WARRANTIESOFMERCHANTABILITYAND FITNESSFOR A
PARTICULAR PURPOSE, WITH RESPECT TOTHE PROGRAM, THE ACCOMPANYING
WRITTEN MATERIALS, AND ANY ACCOMPANYINGHARDWARE.
7. NO LIABILITY FOR CONSEQUENTIALDAMAGES. INNO EVENT SHALL
CABLETRON OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGESWHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OFBUSINESS, PROFITS,
BUSINESSINTERRUPTION, LOSS OF BUSINESSINFORMATION, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR RELIANCE DAMAGES, OR OTHERLOSS)ARISING OUT OF THE
USE OR INABILITYTO USE THIS CABLETRON PRODUCT, EVENIF CABLETRON HAS
BEENADVISEDOF THE POSSIBILITYOF SUCH DAMAGES. BECAUSESOMESTATESDO
NOT ALLOWTHEEXCLUSIONOR LIMITATIONOFLIABILITYFORCONSEQUENTIALOR
INCIDENTAL DAMAGES, OR IN THE DURATION OR LIMITATION OF IMPLIED
WARRANTIESINSOME INSTANCES,THE ABOVELIMITATIONAND EXCLUSIONSMAY
NOT APPLY TO YOU.