Enterasys Networks Network Card - Manual (Page 263)

Appendix C Enterasys Networks License Agreement
RiverMaster Administrator’s Guide
251
EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THERE ARE NO
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR ANY
IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
Infringement Indemnification
Enterasys shall indemnify, defend and hold Customer harmless from and
against any claims, actions, or demands alleging that the Licensed Software
directly infringes any United States patent, trademark, or copyright, or
misappropriates any trade secret right of any third party, provided that
Customer promptly notifies Enterasys of any such claim, allows Enterasys to
control the defense and provides reasonable information and assistance to
Enterasys (at Enterasys' expense) in the defense of the claim. Customer shall
permit Enterasys to replace or modify any affected Licensed Software to
avoid infringement, or to procure for Customer the right to continue to use
such Licensed Software. If neither of such alternatives is reasonably possible,
Enterasys may require Customer to return the affected Licensed Software to
Enterasys and Enterasys' sole liability in regard to such return shall be to
refund the purchase price paid by Customer. Enterasys shall have no
obligation with respect to claims, actions, or demands to the extent that they
are based upon (i) the combination of Licensed Software with any items not
supplied by Enterasys, (ii) any modification or change to the Licensed
Software by Customer, or, (iii) any failure by Customer to implement
modifications or replacements distributed by Enterasys that address any
alleged infringement. This Section states the entire liability of Enterasys with
respect to indemnification or liability for infringement or misappropriation of
patents, copyrights, trademarks, trade secrets or other proprietary rights by
Enterasys or the Licensed Software or any part thereof or by their use or
operation.
Limitation of Liability
ENTERASYS AND ITS LICENSORS' TOTAL LIABILITY FOR ANY CAUSE
OF ACTION ARISING IN CONNECTION WITH THIS AGREEMENT, AND
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR
IN TORT INCLUDING NEGLIGENCE, SHALL BE LIMITED TO THE
ACTUAL DOLLAR AMOUNT ENTERASYS RECEIVED HEREUNDER