Termination, International provisions, Applicable law – Enterasys Networks Network Card User Manual

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252

RiverMaster Administrator’s Guide

Enterasys Networks License Agreement

Appendix C

FROM CUSTOMER FOR THE PARTICULAR PRODUCTS WHICH ARE THE
SUBJECT MATTER OF THE CAUSE OF ACTION. IN NO EVENT SHALL
ENTERASYS BE LIABLE FOR ANY LOST OR ANTICIPATED PROFITS OR
SAVINGS, OR ANY INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR
CONSEQUENTIAL DAMAGES, REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT OR IN TORT INCLUDING
NEGLIGENCE, AND WHETHER OR NOT ENTERASYS WAS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT PERMIT DISCLAIMERS OF IMPLIED
WARRANTIES OR OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS MAY NOT
APPLY TO YOU.

Termination

Enterasys may terminate this license agreement and Licensee's right to use
the Licensed Software if Licensee materially breaches the terms of this
Agreement or fails to pay the licensee fee when due, and fails to cure such
breach within thirty days of notice thereof by Enterasys.

International Provisions

Licensee agrees that it shall not directly or indirectly export the Licensed
Software, individually or as part of a system, without first obtaining a license
from the U.S. Department of Commerce or any other appropriate agency of
the U.S. Government, as required. Diversion of products contrary to U.S. law
is prohibited.

Applicable Law

The parties agree that this license shall be governed by the substantive laws of
the State of New Hampshire and the United States. The exclusive jurisdiction
for any dispute regarding this Agreement shall be in the United States of
America or, for Licensees located in Europe, London, England. The parties
expressly disclaim the applicability of the U.N. Convention on the Sales of
Goods.

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