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- IMPORTANT: Read Before Using This Product
-
-
- 3COM (R) END USER SOFTWARE LICENSE AGREEMENT
-
-
- YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING
- THIS PRODUCT. IT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED BY 3COM
- CORPORATION ("3COM") TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW.
- IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT
- USE THE SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT
- THESE TERMS.
-
-
- LICENSE: 3Com grants you a nonexclusive license to use the accompanying
- software program(s) (the "Software") subject to the terms and restrictions
- set forth in this License Agreement. You are not permitted to lease, rent,
- distribute or sublicense the Software or to use the Software in a time-sharing
- arrangement or in any other unauthorized manner. Further, no license is
- granted to you in the human readable code of the Software (source code).
- Except as provided below, this License Agreement does not grant you any
- rights to patents, copyrights, trade secrets, trademarks, or any other
- rights in respect to the Software.
-
- The Software is licensed to be used on any workstation or any network server
- owned by or leased to you, provided that the Software is used only in
- connection with a 3Com adapter. You may reproduce and provide one (1)
- copy of the Software and supporting documentation for each such workstation
- or network server on which the Software is used as permitted hereunder.
- Otherwise, the Software and supporting documentation may be copied only as
- essential for backup or archive purposes in support of your use of the
- Software as permitted hereunder. You must reproduce and include all
- copyright notices and any other proprietary rights notices appearing on the
- Software and the supporting documentation on any copies that you make.
-
- NO Assignment; No Reverse Engineering: You may not transfer or assign the
- Software and/or this License Agreement to another party without the prior
- written consent of 3Com. If such consent is given and you transfer or assign
- the Software and/or this License Agreement, then you must at the same time
- either transfer any copies of the Software as well as the supporting
- documentation to the same party or destroy any such materials not transferred.
- Except as set forth above, you may not transfer or assign the Software or
- your rights under this License Agreement.
-
- Modification, reverse engineering, reverse compiling, or disassembly of the
- Software is expressly prohibited. However, if you are a European Community
- ("EC") resident, information necessary to achieve interoperability of the
- Software with other programs within the meaning of the U.K. Copyright
- [Computer Program] Regulations 1992 implementing the EC Directive on the
- Legal Protection of Computer Programs is available to you from 3Com upon
- written request.
-
- EXPORT RESTRICTIONS: You agree that you will not export or re-export the
- Software or accompanying documentation (or any copies thereof) or any
- products utilizing the Software or such documentation in violation of any
- applicable laws or regulations of the United States or the country in which
- you obtained them.
-
- Trade Secrets; Title: You acknowledge and agree that the structure,
- sequence and organization of the Software are the valuable trade secrets of
- 3Com and its suppliers. You agree to hold such trade secrets in confidence.
- You further acknowledge and agree that ownership of, and title to, the
- Software and all subsequent copies thereof regardless of the form or media
- are held by 3Com and its suppliers.
-
-
-
-
-
-
- UNITED STATES Government Legends:
-
- For units of the Department of Defense:
-
- The Software is commercial computer software as defined in 48 C.F.R. 211
- and therefore is provided to units of the Department of Defense under the
- terms of this License Agreement, which is 3Com's standard commercial
- agreement for the Software. In the alternative, if 48 C.F.R. 211 is not
- invoked, the Software is licensed as follows: Restricted Rights Legend:
- Use, duplication or disclosure by the United States Government is subject
- to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in
- Technical Data and Computer Software Clause at 48 C.F.R. 52.227-7013. 3Com
- Corporation, 5400 Bayfront Plaza, Santa Clara, California 95052-8145.
-
- For civilian agencies:
-
- Restricted Rights Legend: Use, reproduction or disclosure is subject to
- restrictions set forth in subparagraph (a) through (d) of the Commercial
- Computer Software - Restricted Rights clause at 48 C.F.R. 52.227-19 and the
- limitations set forth in 3Com's standard commercial agreement for the
- Software. Unpublished rights reserved under the copyright laws of the
- United States.
-
- TERM AND TERMINATION: This license will expire fifty (50) years from the
- date that you open the package, if it is not earlier terminated. You may
- terminate it at any time by destroying the Software and documentation
- together with all copies and merged portions in any form. It will also
- terminate immediately if you fail to comply with any term or condition of
- this License Agreement. Upon such termination you agree to destroy the
- Software and documentation, together with all copies and merged portions in
- any form.
-
- GOVERNING LAW: This License Agreement shall be governed by the laws of the
- State of California as such laws are applied to agreements entered into and
- to be performed entirely within California between California residents and
- by the laws of the United States. You agree that the United Nations
- Convention on Contracts for the International Sale of Goods (1980) is hereby
- excluded.
-
- NO WARRANTY: THE SOFTWARE AND DOCUMENTATION ARE PROVIDED ON AN "AS IS"
- BASIS AND ALL RISK IS WITH YOU. BECAUSE THE SOFTWARE AND DOCUMENTATION ARE
- PROVIDED TO YOU FREE OF CHARGE, 3COM MAKES NO WARRANTIES, EXPRESS, IMPLIED
- OR STATUTORY, AS TO ANY MATTER WHATSOEVER. IN PARTICULAR, ANY AND ALL
- WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
- NON-INFRINGEMENT OF THIRD PARTIES RIGHTS ARE EXPRESSLY EXCLUDED. FURTHER,
- 3COM MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOFTWARE AND
- DOCUMENTATION PROVIDED ARE FREE OF ERRORS OR VIRUSES OR THAT THE SOFTWARE
- AND DOCUMENTATION ARE SUITABLE FOR YOUR INTENDED USE.
-
- LIMITATION OF LIABILITY: IN NO EVENT SHALL 3COM OR ITS SUPPLIERS BE LIABLE
- TO YOU OR ANY OTHER PARTY FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL
- DAMAGES, LOSS OF DATA OR DATA BEING RENDERED INACCURATE, LOSS OF PROFITS OR
- REVENUE, OR INTERRUPTION OF BUSINESS IN ANY WAY ARISING OUT OF OR RELATED TO
- THE USE OR INABILITY TO USE THE SOFTWARE AND/OR DOCUMENTATION, REGARDLESS OF
- THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
- PRODUCT LIABILITY OR OTHERWISE, EVEN IF ANY REPRESENTATIVE OF 3COM OR ITS
- SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
- DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED BY ANY FAILURE OF
- THE SOLE AND EXCLUSIVE REMEDIES HEREUNDER.
-
- Some states do not allow the exclusion of implied warranties or the
- limitation of incidental or consequential damages for consumer products, so
- the above limitations and exclusions may not apply to you. This warranty
- gives you specific legal rights which may vary from state to state.
-
- SEVERABILITY: In the event any provision of this License 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 and a valid, legal and enforceable provision of similar
- intent and economic impact shall be substituted therefor.
-
- ENTIRE AGREEMENT: This License Agreement sets forth the entire
- understanding and agreement between you and 3Com and may be amended only in
- a writing signed by both parties.
-
- 3Com is a registered trademark of 3Com Corporation.
-
- 3Com Corporation
- 5400 Bayfront Plaza
- P.O. Box 58145
- Santa Clara, CA 95052-8145
- (408) 764-5000
-
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-