Summit® WM3600 Wireless LAN Controller ... - Extreme Networks

Chapter 8: Extreme Networks, Inc. End-User License Agreementprohibited. You agree not to directly or indirectly export, import or transmit the Software to anycountry, end user or for any Use that is prohibited by applicable United States regulation or statute(including but not limited to those countries embargoed from time to time by the United Statesgovernment); or contrary to the laws or regulations of any other governmental entity that hasjurisdiction over such export, import, transmission or Use.12 High Risk Activities. The Software is not fault-tolerant and is not designed or intended for use inhazardous environments requiring fail-safe performance, including without limitation, in theoperation of nuclear facilities, aircraft navigation or communication systems, air traffic control,weapons systems, direct life-support machines, or any other application in which the failure of theSoftware could lead directly to death, personal injury, or severe physical or property damage(collectively, “High Risk Activities”). EXTREME NETWORKS EXPRESSLY DISCLAIMS ANYEXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.13 Governing Law. This Agreement will be governed by and construed in accordance with thesubstantive laws of the State of California. This Agreement will not be governed by the conflict oflaws rules of any jurisdiction or the United Nations Convention on Contracts for the InternationalSale of Goods, the application of which is expressly excluded. The state and federal courts sitting inSanta Clara County, California shall have exclusive jurisdiction over all disputes relating to thisAgreement.14 Open Source Software. Portions of the Software (“Open Source Software”) provided to you may besubject to a license that permits you to modify these portions and redistribute the modifications (an“Open Source License”). Your use, modification and redistribution of the Open Source Software aregoverned by the terms and conditions of the applicable Open Source License. More detailsregarding the Open Source Software and the applicable Open Source Licenses are available atwww.extremenetworks.com/services/SoftwareLicensing.aspx. Some of the Open Source softwaremay be subject to the GNU General Public License v.2 (“GPL”) or the Lesser General Public Library(“LGPL”), copies of which are available at www.extremenetworks.com/services/SoftwareLicensing.aspx. In accordance with the terms of the GPL and LGPL, you may request acopy of the relevant source code. See the Software Licensing web site for details. This offer is validfor up to three years from the date of original download of the software.15 Audit for Compliance. Extreme Networks reserves the right to periodically audit you to ensure thatyou are in compliance with the terms of this Agreement. During standard business hours and uponprior written notice, Extreme Networks may visit You and You will make available to ExtremeNetworks or its representatives any records pertaining to the Software. The cost of any requestedaudit will be solely borne by Extreme Networks, unless such audit discloses an underpayment oramount due to Extreme Networks in excess of five percent (5%) of the initial license fee for theSoftware or you are using the Software in an unauthorized manner, in which case you shall pay thecost of the audit, in addition to any other amounts owed.16 Miscellaneous. This Agreement sets forth all rights for the user of the Software and is the entireAgreement between the parties. This Agreement supersedes any other communications,representations or advertising relating to the Software and Documentation. This Agreement may notbe modified except by a written addendum issued by a duly authorized representative of ExtremeNetworks. No provision hereof shall be deemed waived unless such waiver shall be in writing andsigned by Extreme Networks. If any provision of this Agreement is held invalid, the remainder ofthis Agreement shall continue in full force and effect.36Summit ® WM3600 Wireless LAN Controller Installation Guide