3Com End User Software License Agreement - 3Com 3C 19250 Guía De Referencia

Dua19250.fm Page 18 Wednesday, November 11, 1998 10:26 AM
to be excluded in their entirety, they will be limited to the duration of the applicable written
warranty. This warranty gives you specific legal rights which may vary depending on local law.
GOVERNING LAW: This Limited Warranty 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.
3Com Corporation
5400 Bayfront Plaza
Santa Clara, CA 95052-8145
USA
(408) 326-5000
7/10/98
3C E U S
OM ND SER OFTWARE
A
GREEMENT
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING OR
INSTALLING THIS PRODUCT. IT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED BY 3COM
CORPORATION ("3COM") TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. IF YOU
DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE OR INSTALL
THE SOFTWARE. USING OR INSTALLING ANY PART OF THE SOFTWARE INDICATES THAT YOU
ACCEPT THESE TERMS.
LICENSE: 3Com grants you a nonexclusive license to use the accompanying software program(s)
(the "Software") subject to the terms and restrictions set forth in this License Agreement. You are
not permitted to lease, rent, distribute or sublicense the Software or to use the Software 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 License Agreement does not grant you any rights to patents,
copyrights, trade secrets, trademarks, or any other rights in respect to the Software.
The Software is licensed to be used on any 3Com product owned by or leased to you, provided that
the Software is used only in connection with a 3Com product. You may reproduce and provide one
(1) copy of the Software and supporting documentation for each such 3Com product on which the
Software is used as permitted hereunder. Otherwise, the Software and supporting documentation
may be copied only as essential for backup or archive purposes in support of your use of the
Software as permitted hereunder. You must reproduce and include all copyright notices and any
other proprietary rights notices appearing on the Software and the supporting documentation on
any copies that you make.
NO ASSIGNMENT; NO REVERSE ENGINEERING: You may not transfer or assign the Software and/or
this License Agreement to another party without the prior written consent of 3Com. If such
consent is given and you transfer or assign the Software and/or this License Agreement, then you
must at the same time either transfer any copies of the Software as well as the supporting
documentation to the same party or destroy any such materials not transferred. Except as set forth
above, you may not transfer or assign the Software or your rights under this License 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
accompanying documentation (or any copies thereof) or any products utilizing the Software or such
documentation in violation of any applicable laws or regulations of the United States and the
country in which you obtained them.
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 all subsequent copies thereof regardless of the form or media are held by 3Com and
its suppliers.
UNITED STATES GOVERNMENT LEGEND: All technical data and computer 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 License Agreement,
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which is 3Com's standard commercial license for the Software. Technical data is provided with
ICENSE
limited rights only as provided in DFAR 252.227-7015 (Nov 1995) or FAR 52.227-14 (June 1987),
whichever is applicable. You agree not to remove or deface any portion of any legend provided on
any licensed program or documentation delivered to you under this License Agreement.
TERM AND TERMINATION: This license will expire fifty (50) years from the date that you open the
package, if it is not earlier terminated. 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 License Agreement. Upon such
termination you agree to destroy the Software and documentation, together with all copies and
merged portions in any form.
GOVERNING LAW: This License Agreement shall be governed by the laws of the State of California
as such laws are applied to agreements entered into and to be performed entirely within California
between California residents and by the laws of the United States. You agree that the United
Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its
entirety from application to this License Agreement.
NO WARRANTY: THE SOFTWARE AND RELATED DOCUMENTATION ARE PROVIDED ON AN "AS IS"
BASIS AND ALL RISK IS WITH YOU. BECAUSE THE SOFTWARE AND DOCUMENTATION ARE
PROVIDED TO YOU FREE OF CHARGE, 3COM MAKES NO WARRANTIES, TERMS OR CONDITIONS,
EXPRESS, IMPLIED OR STATUTORY, AS TO ANY MATTER WHATSOEVER REGARDING THE SOFTWARE
AND DOCUMENTATION. IN PARTICULAR, ANY AND ALL WARRANTIES, TERMS OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY OR
NON-INFRINGEMENT OF THIRD PARTIES RIGHTS ARE EXPRESSLY EXCLUDED. FURTHER, 3COM
MAKES NO WARRANTIES, TERMS OR CONDITIONS THAT THE SOFTWARE AND DOCUMENTATION
PROVIDED ARE FREE OF ERRORS OR VIRUSES OR THAT THE SOFTWARE AND DOCUMENTATION ARE
SUITABLE FOR YOUR INTENDED USE.
LIMITATION OF LIABILITY: IN NO EVENT SHALL 3COM OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY
OTHER PARTY FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA OR
DATA BEING RENDERED INACCURATE, LOSS OF PROFITS OR REVENUE, OR INTERRUPTION OF
BUSINESS IN ANY WAY ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE
SOFTWARE AND/OR DOCUMENTATION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF
ANY REPRESENTATIVE OF 3COM OR ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. NOTHING IN THIS AGREEMENT SHALL HAVE THE EFFECT OF LIMITING OR
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