Cabletron Systems SmartSwitch User Manual

Page 7

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SmartSwitch Router User Reference Manual

7

Notice

Kazakhstan, Kyrgyzstan, Laos, Latvia, Libya, Lithuania, Moldova, North Korea, the People’s
Republic of China, 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 or E:2 (as defined herein) the direct product of the Program or the
technology, 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 a plant, export to Country Groups D:1 or E:2 the direct
product of the plant 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.

The enclosed 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 Clause and its successors, and (iii) in all respects is proprietary data
belonging to Cabletron and/or its suppliers. For Department of Defense units, the Product is
considered commercial computer software in accordance with DFARS section 227.7202-3 and its
successors, and use, duplication, or disclosure by the Government is subject to restrictions set
forth herein.

6.

EXCLUSION OF WARRANTY.

Except as may be specifically provided by Cabletron in writing,

Cabletron makes no warranty, expressed or implied, concerning the Program (including its
documentation and media).

CABLETRON DISCLAIMS ALL WARRANTIES, OTHER THAN THOSE SUPPLIED TO YOU BY
CABLETRON IN WRITING, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO THE PROGRAM, THE ACCOMPANYING WRITTEN
MATERIALS, AND ANY ACCOMPANYING HARDWARE.

7.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES.

IN NO EVENT SHALL CABLETRON

OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR RELIANCE DAMAGES, OR OTHER LOSS) ARISING OUT OF THE USE
OR INABILITY TO USE THIS CABLETRON PRODUCT, EVEN IF CABLETRON HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, OR IN THE DURATION OR LIMITATION OF IMPLIED
WARRANTIES IN SOME INSTANCES, THE ABOVE LIMITATION AND EXCLUSIONS MAY
NOT APPLY TO YOU.

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