Riverstone Networks RS 2100 User Manual

Page 8

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viii Riverstone Networks RS 2100 Switch Router Getting Started Guide

RIVERSTONE NETWORKS, INC.

SOFTWARE LICENSE AGREEMENT

IMPORTANT:

BEFORE UTILIZING THE PRODUCT, CAREFULLY READ THIS LICENSE AGREEMENT.

This document is an agreement (“Agreement”) between You, the end user, and Riverstone Networks, Inc. (“Riverstone”) that sets
forth your rights and obligations with respect to the software contained in CD-ROM or other media (including flash cards). BY
UTILIZING THE ENCLOSED PRODUCT, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS OF THIS
AGREEMENT, WHICH INCLUDES THE LICENSE AND THE LIMITATION OF WARRANTY AND DISCLAIMER OF LIA-
BILITY. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, RETURN THE UNOPENED PRODUCT
ALONG WITH THE HARDWARE PURCHASED AND PROOF OF PAYMENT TO RIVERSTONE OR YOUR DEALER, IF
ANY, WITHIN TEN (10) DAYS FOLLOWING THE DATE OF RECEIPT FOR A FULL REFUND.

The parties further agree that this Agreement is between Customer and Riverstone, and creates no obligations to Customer on the
part of Riverstone's affiliates, subcontractors, or suppliers. Customer expressly relinquishes any rights as a third party beneficiary
to any agreements between Riverstone and such parties, and waives any and all rights or claims against any such third party.

Riverstone will grant You a non-transferable, nonexclusive license to use the enclosed software (the “Licensed Software”) in
object code form solely on a single processing unit owned or leased by You or otherwise embedded in equipment provided by Riv-
erstone and the accompanying documentation (the Licensed Software, the media embodying the Licensed Software, and the docu-
mentation are collectively referred to in this Agreement as the “Licensed Materials”); provided that You agree to the following
terms and conditions:

1.

TERM AND TERMINATION. This Agreement is effective from the date on which You open the
package containing the Licensed Materials. You may terminate the Agreement at any time by
destroying the Licensed Materials, together with all copies, modifications and merged portions in
any form and certifying in writing that through your best efforts and to the best of your knowledge
the original and all copies of the terminated or discontinued Licensed Materials have been destroyed.
The Agreement and your license to use the Licensed Materials will also terminate if You fail to
comply with any term or condition herein. In the event that You shall fail to keep, observe, or
perform any obligation under this Agreement, including a failure to pay any sums due to Riverstone,
Riverstone may, in addition to any other remedies it may have under law, terminate the License and
any other agreements between Riverstone and You. Upon such termination, You must destroy the
Licensed Materials as set forth above. Sections 4, 5, 7, 8, 9, 10, 11, and 12 shall survive termination
of this Agreement for any reason.

2.

GRANT OF SOFTWARE LICENSE. The license granted to You by Riverstone when You open
this sealed package authorizes You to use the Licensed Software for internal use only and only on
any one, single processing unit owned or leased by You or otherwise embedded in equipment
provided by Riverstone, or any replacement for that processing unit or equipment. A separate
license, under a separate Software License Agreement, is required for any other equipment on which
You or another individual or employee intend to use the Licensed Software.

3.

RESTRICTION AGAINST COPYING OR MODIFYING LICENSED MATERIALS. YOU
MAY NOT USE, COPY, OR MODIFY THE LICENSED MATERIALS, IN WHOLE OR IN PART,
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT. In no event does the limited
copying or reproduction permitted under this Agreement include the right to decompile,
disassemble, electronically transfer, or reverse engineer the Licensed Software, or to translate the
Licensed Software into another computer language.

The media embodying the Licensed Software may be copied by You, in whole or in part, into printed or machine readable form, in

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