3Com® DynamicAccess® software

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE DOWNLOADING 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 OR USING ANY PART OF THE SOFTWARE AND DOCUMENTATION INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT PROCEED WITH THE INSTALLATION OF THE SOFTWARE AND DO NOT CLICK ON THE "I AGREE" ICON.

LICENSE: 3Com grants you a nonexclusive 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.

The Software may be installed on an unlimited number of personal computers or network servers owned by or leased to you or by or to your customers. Certain portions of the Software will not function without additional software licensed or hardware purchased from 3Com as specified in the Documentation. You may make one copy of the Documentation, either electronically or in hard copy form, for each authorized copy of Software made hereunder. In addition, one (1) copy of the Software and Documentation may be made for each such personal computer or network server for backup or archive purposes in support of your or your customer's use of the Software as provided hereunder. Each copy of the Software and Documentation must contain 3Com’s and its licensors’ proprietary rights and copyright notices in the same form as on the original. If you are providing the Software and Documentation to your customers, you must ensure that the terms and conditions of this Agreement are provided to the customer and agreed to by the customer prior to such customer's use of the Software and Documentation. In addition, you shall be responsible for ensuring that your customer receives the most recent version of the Software and Documentation available from 3Com and shall indemnify 3Com from any loss or damage it may suffer as a result of your failure to do so.

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 for sublicenses by resellers 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 Community ("EC") resident, information necessary to achieve interoperability of the Software with other programs within the meaning of the EC Directive on the Legal Protection of Computer Programs is available to you from 3Com upon written request.

EXPORT RESTRICTIONS: You agree that you will not export or re-export the Software or Documentation (or any copies thereof) or any products utilizing the Software or Documentation in violation of any applicable laws or regulations of the United States or the country in which you obtained them or where you reside.

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 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 3Com’s 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: This Agreement and license will expire fifty (50) years from the date that you download the Software and Documentation, if it is not terminated earlier. You may terminate it at any time by destroying the Software and Documentation together with all copies and merged portions in any form. It 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. NO WARRANTIES: 3COM EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE AND DOCUMENTATION. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. 3COM NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE LICENSE, INSTALLATION, MAINTENANCE OR USE OF THE SOFTWARE

Limitation of Liability: TO THE FULL EXTENT ALLOWED BY LAW, 3COM ALSO EXCLUDES for itself and its suppliers ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE or profits, LOSS OF BUSINESS, loss of information or data, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE license, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SOFTWARE, or otherwise arising out of this agreement even if 3com has been advised of the possibility of such damages. In any case, 3com’s AND ITS SUPPLIERS’ entire liability under any provision of this agreement shall be limited to the greater of the amount actually paid by you for the software and documentation or us$5.00. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE.

DISCLAIMER: Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages for certain products supplied to consumers or the limitation of liability for personal injury, so the above limitations and exclusions may be limited in their application to you. If the implied warranties are not allowed to be excluded in their entirety, they will be limited to a period of ninety (90) days following download of the Software and Documentation by you.

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 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 and DynamicAccess are registered trademarks of 3Com Corporation.
3Com Corporation
5400 Bayfront Plaza
Santa Clara, CA 95052-8145 (408) 764-5000
© 1998, 3Com Corporation
March 199

© 3Com Corporation