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LICENSE.TXT
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2002-02-12
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`IMPORTANT: READ BEFORE INSTALLING THE SOFTWARE
3COM END USER SOFTWARE LICENSE AGREEMENT
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE
DOWNLOADING, INSTALLING AND USING THIS PRODUCT, THE USE OF WHICH IS LICENSED
BY 3COM CORPORATION ("3COM") TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH
BELOW. DOWNLOADING, INSTALLING OR OTHERWISE USING ANY PART OF THE SOFTWARE
OR DOCUMENTATION INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF
YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT
DOWNLOAD, INSTALL OR OTHERWISE USE THE SOFTWARE OR DOCUMENTATION, DO NOT
CLICK ON THE "I AGREE" OR SIMILAR BUTTON. AND IF YOU HAVE RECEIVED THE
SOFTWARE AND DOCUMENTATION ON PHYSICAL MEDIA, RETURN THE ENTIRE PRODUCT
WITH THE SOFTWARE AND DOCUMENTATION UNUSED TO THE SUPPLIER WHERE YOU
OBTAINED IT.
LICENSE: 3Com grants you a nonexclusive, nontransferable (except as specified herein) license to use the
accompanying software program(s) in executable form (the "Software") and accompanying documentation (the
"Documentation"), subject to the terms and restrictions set forth in this Agreement. You are not permitted to lease,
rent, distribute or sublicense (except as specified herein) the Software or Documentation or to use the Software or
Documentation 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 Agreement does not
grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights with respect to the Software
or Documentation.
Subject to the restrictions set forth herein, the Software is licensed to be used by one (1) user on any personal
computer owned by or leased to you, for your internal use. You may reproduce one (1) copy of the Software and
Documentation for backup or archive purposes. Any such copy of the Software and Documentation must contain
3ComÆs and its licensorsÆ proprietary rights and copyright notices in the same form as on the original. You agree
not to remove or deface any portion of any legend provided on any licensed program or documentation delivered to
you under this Agreement.
ASSIGNMENT; NO REVERSE ENGINEERING: You may transfer the Software, Documentation and the
licenses granted herein to another party in the same country in which you obtained the Software and Documentation
if the other party agrees in writing to accept and be bound by the terms and conditions of this Agreement. If you
transfer the Software and Documentation, you must at the same time either transfer all copies of the Software and
Documentation to the party or you must destroy any copies not transferred. Except as set forth above, you may not
assign or transfer your rights under this Agreement.
Modification, reverse engineering, reverse compiling, or disassembly of the Software is expressly prohibited.
However, if you are a European Union ("EU") resident, information necessary to achieve interoperability of the
Software with other programs within the meaning of the EU Directive on the Legal Protection of Computer
Programs is available to you from 3Com upon written request.
EXPORT RESTRICTIONS: The Software, including the Documentation and all related technical data (and any
copies thereof) (collectively "Technical Data"), is subject to United States Export control laws and may be subject to
export or import regulations in other countries. In addition, the Technical Data covered by this Agreement may
contain data encryption code which is unlawful to export or transfer from the United States or country where
you legally obtained it without an approved U.S. Department of Commerce export license and appropriate
foreign export or import license, as required. You agree that you will not export or re-export the Technical Data
(or any copies thereof) or any products utilizing the Technical Data in violation of any applicable laws or regulations
of the United States or the country where you legally obtained it. You are responsible for obtaining any licenses to
export, re-export or import the Technical Data. In addition to the above, the Product may not be used, exported or
re-exported (i) into or to a national or resident of any country to which the U.S. has embargoed; or (ii) to any one on
the U.S. Commerce DepartmentÆs Table of Denial Orders or the U.S. Treasury DepartmentÆs list of Specially
Designated Nationals.
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 Documentation and
all subsequent copies thereof regardless of the form or media are held by 3Com and its suppliers.
UNITED STATES GOVERNMENT LEGENDS: The Software, Documentation and any other technical data
provided hereunder is commercial in nature and developed solely at private expense. The Software is delivered as
"Commercial Computer Software" as defined in DFARS 252.227-7014 (June 1995) or as a commercial item as
defined in FAR 2.101(a) and as such is provided with only such rights as are provided in this Agreement, which is
3ComÆs standard commercial license for the Software. Technical data is provided with limited rights only as
provided in DFAR 252.227-7015 (Nov. 1995) or FAR 52.227-14 (June 1987), whichever is applicable.
TERM AND TERMINATION: The licenses granted hereunder are perpetual unless terminated earlier as
specified below. You may terminate the licenses and this Agreement at any time by destroying the Software and
Documentation together with all copies and merged portions in any form. The licenses and this Agreement will also
terminate immediately if you fail to comply with any term or condition of this Agreement. Upon such termination
you agree to destroy the Software and Documentation, together with all copies and merged portions in any form.
LIMITED WARRANTIES AND LIMITATION OF LIABILITY: All warranties and limitations of liability
applicable to the Software are as stated on the Limited Warranty Card or in the product documentation, whether in
paper or electronic form, accompanying the Software. Such warranties and limitations of liability are incorporated
herein in their entirety by this reference.
GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, U.S.A. excluding
its conflicts of laws principles and excluding the United Nations Convention on Contracts for the International Sale
of Goods.
SEVERABILITY: In the event any provision of this 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 Agreement sets forth the entire understanding and agreement between you and
3Com and supersedes all prior agreements, whether written or oral, with respect to the Software and Documentation,
and may be amended only in a writing signed by both parties.
Should you have any questions concerning this Agreement or if you desire to contact 3Com for any reason, please
contact the 3Com subsidiary serving your country, or write: 3Com Corporation, Customer Support Information,
5400 Bayfront Plaza, Santa Clara, CA 95052
3Com Corporation
5400 Bayfront Plaza,
P.O. Box 58145
Santa Clara, CA 95052-8145
(408) 326-5000
Copyright ⌐ 2002 3Com Corporation.
All rights reserved.
3Com is a registered trademark of 3Com Corporation.
End (EULA) Template Single Use 070301.doc