ENTERASYS NETWORKS, INC.
END-USER SOFTWARE LICENSE
IMPORTANT - THIS DOCUMENT IS AN AGREEMENT (''AGREEMENT'') BETWEEN YOU, THE END USER, AND ENTERASYS NETWORKS, INC. (''ENTERASYS'') THAT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE SOFTWARE CONTAINED ON CD-ROM OR OTHER MEDIA. YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS, CONDITIONS AND RESTRICTIONS BEFORE INSTALLATION AND USE OF ANY SOFTWARE PROGRAMS PROVIDED BY ENTERASYS. BY CLICKING ON THE ''I AGREE'' BUTTON, YOU ARE AGREEING TO BECOME BOUND BY THE TERMS, CONDITIONS AND RESTRICTIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH AND ACCEPT THE TERMS OF THIS AGREEMENT, CLICK ON THE ''I DO NOT AGREE'' BUTTON AND PROMPTLY RETURN ALL SUCH SOFTWARE AND HARDWARE PRODUCTS TO ENTERASYS NETWORKS, 50 MINUTEMAN ROAD, ANDOVER, MASSACHUSETTS 01810. IN THIS EVENT, ANY FEES YOU HAVE PAID FOR SUCH PRODUCTS WILL BE REFUNDED, HOWEVER, YOU WILL NOT BE PERMITTED TO ACCESS THE LICENSED MATERIALS. QUESTIONS REGARDING THIS LICENSE OR LEGAL NOTICES SHOULD BE FORWARDED TO ENTERASYS NETWORKS, INC., ATTN: LEGAL DEPARTMENT, 50 MINUTEMAN ROAD, ANDOVER, MA 01810.
1. LICENSE
Subject to the terms and restrictions set forth in this Agreement, ENTERASYS NETWORKS, INC. (''ENTERASYS'') grants you a non-exclusive non-transferable (except as provided herein) license to use the enclosed machine-readable form of software programs or code contained in firmware, chips or other media (''Programs''), as well as the accompanying documentation (the Programs, the media embodying the Programs, and the documentation are collectively referred to in this Agreement as the ''Programs'') delivered to you for use on or with the ENTERASYS device if You agree to the following terms and conditions:
2. COPYRIGHT
The Programs, and all related documentation, are protected by copyright and title to all programs is retained by ENTERASYS and ENTERASYS' third party licensors. You shall not copy or otherwise use the Programs, in whole or part, except as expressly permitted in this Agreement. You must reproduce and maintain the copyright notice on any authorized copy you make or use of the Programs. You shall not sell, lease, transfer, sublicense, or otherwise make available or permit access to the Programs, or any portion thereof, to any other party. You further acknowledge that in the event of a breach of this Agreement, ENTERASYS shall suffer severe and irreparable damages for which monetary compensation alone will be inadequate. You, therefore, agree that in the event of a breach of this Agreement, ENTERASYS shall be entitled to monetary damages and its attorneys' reasonable fees and costs in enforcing this Agreement, as well as injunctive relief to restrain such breach, in addition to any other remedies available to ENTERASYS at law, in equity, or otherwise. You also agree that a) all rights of ENTERASYS (including, but not limited to, rights to terminate and enforce this Agreement) are hereby extended to ENTERASYS' licensors as well as to ENTERASYS; and b) all protections afforded to ENTERASYS under this Agreement (including, but not limited to, the exclusion of consequential damages and the disclaimer of warranties) are hereby extended to ENTERASYS' licensors as well as to ENTERASYS.
3. AUTHORIZATION
You are authorized to make multiple copies of the Programs and the accompanying documentation provided that:
* You received this license document and accompanying media and documentation from ENTERASYS.
* You copy the Programs only to be used with ENTERASYS-supplied devices that are used with the Programs.
* You limit copies to devices that are owned or controlled by You.
* You include the ENTERASYS and ENTERASYS' third party licensors' copyright notice on all copies of the Programs and documentation.
You may physically transfer the Programs and this License, along with the related ENTERASYS device, if applicable, to another party only if (i) the other party accepts the terms, conditions and restrictions of this License, (ii) all copies of Programs and related documentation that are not transferred to the other party are destroyed or returned to ENTERASYS, (iii) the related ENTERASYS device, for Programs designed solely to operate on ENTERASYS devices, is also transferred to the other party, and (iv) you comply with all applicable laws including any import/export control regulations. This License Section 3 does not apply to any other software or programs you may receive from Enterasys, including, but not limited to any ''firmware'' or other software contained on the related Enterasys device.
4. LIMITED WARRANTY
ENTERASYS warrants that the Programs will perform substantially in accordance with the accompanying documentation for a period of ninety (90) days from the date of shipment. This warranty is void if failure is the result of accident, abuse or misuse.
ENTERASYS warrants that any magnetic diskettes on which the Programs are recorded will be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date the Programs are delivered to you. If a defect in any such diskette should occur during this 90-day period, the diskette may be returned to ENTERASYS NETWORKS, INC. at 50 Minuteman Road, Andover, Massachusetts 01810 U. S. A., and ENTERASYS will replace the diskette without charge to you. ENTERASYS shall have no responsibility to replace diskettes if the failure of diskettes results from accident, abuse or misuse of the diskettes.
The program contains third party software which is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the program could lead directly to death, personal injury, or severe physical or environmental damage (''High Risk Activities''). Accordingly, ENTERASYS and ENTERASYS' third party licensors specifically disclaim any express or implied warranty of fitness for High Risk Activities.
EXCEPT FOR THE WARRANTIES SPECIFICALLY STATED IN THIS ARTICLE 4, ENTERASYS AND ENTERASYS' THIRD PARTY LICENSORS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction.
5. LIMITATION OF LIABILITY
Your exclusive remedy and the entire liability of ENTERASYS and ENTERASYS' third party licensors related to the Programs shall be, at ENTERASYS' option: (i) refund of the price paid for the Programs, (ii) correction of the Programs so they perform as warranted, or in the case of magnetic disk failure, expressly limited to replacement of diskettes as provided above. In no event will ENTERASYS or anyone else who has been involved in the creation, production or delivery of the Programs be liable for any damages, including, without limitation, direct, incidental or consequential damages, loss of anticipated profits or benefits, resulting from the use of the Programs, even if ENTERASYS has been advised of the possibility of such damages.
6. TERM
The Agreement is effective from the date on which you click on the ''I Agree'' button and shall continue in effect until terminated. You may terminate this Agreement at any time by destroying all copies of the Programs and related documentation. This Agreement will terminate automatically if you fail to comply with any term or condition of this Agreement, including any attempt to transfer a copy of the Programs to another party except as provided in this Agreement. You agree that, upon such termination, you will destroy all copies of the Programs and related documentation. Sections 2, 3, 4, 5, 6, 7, 8, and 9 shall survive termination of this Agreement for any reason.
7. CONFIDENTIALITY
You agree that the Programs are confidential and proprietary to ENTERASYS and ENTERASYS' third party licensors. Accordingly, you may not decompile, reverse engineer or otherwise manipulate the Programs. You agree to use Your best efforts and take all reasonable steps to ensure that no unauthorized personnel shall have access to the Programs and that no unauthorized copy, publication, electronic transmission, disclosure, or distribution, in whole or in part, in any form shall be made, and You agree to notify ENTERASYS of any unauthorized access or use thereof.
8. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
If you are licensing the Software on behalf of the U.S. Government (''Government''), the following provisions apply to you. If the Software is supplied to the Department of Defense (''DoD''), it is classified as ''Commercial Computer Software'' under paragraph 252.227-7014 of the DoD Supplement to the Federal Acquisition Regulations (''DFARS'') (or any successor regulations) and the Government is acquiring only the license rights granted herein (the license rights customarily provided to non-Government users). If the Software is supplied to any unit or agency of the Government other than DoD, it is classified as ''Restricted Computer Software'' and the Government's rights in the Software are defined in paragraph 52.227-19 of the Federal Acquisition Regulations (''FAR'') (or any successor regulations) or, in the case of NASA, in paragraph 18.52.227-86 of the NASA Supplement to the FAR (or any successor regulations). Use, duplication or disclosure by the Government is subject to the restrictions set forth in such sections. The Contractor for the Programs is ENTERASYS NETWORKS, INC., 50 Minuteman Road, Andover, Massachusetts 01810.
9. GENERAL
The rights of ENTERASYS and Your obligations under this Agreement shall inure to the benefit of ENTERASYS' successors and assigns. ENTERASYS waiver of any right shall not constitute a waiver by ENTERASYS or its licensors of that or any other right in the future. The rights and obligations of the parties to this Agreement shall be governed and construed in accordance with the laws and in the state and federal courts of the State of Massachusetts without regard to its conflict of law principles. Any action related to this Agreement shall be brought only in the state and federal courts of Massachusetts and both parties waive any objection to the personal jurisdiction of and venue in such courts. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
YOUR USE OF THE PROGRAMS ACKNOWLEDGES THAT YOU HAVE READ THIS END-USER SOFTWARE LICENSE, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS, CONDITIONS AND RESTRICTIONS. YOU FURTHER AGREE THAT THIS LICENSE IS THE COMPLETE AND EXCLUSIVE STATEMENT OF YOUR AGREEMENT WITH ENTERASYS AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Enterasys Proprietary Information
End-User Software License (Revised 04/25/03)
F1560-D
P/N 9033689-01
Download Driver Pack
After your driver has been downloaded, follow these simple steps to install it.
Expand the archive file (if the download file is in zip or rar format).
If the expanded file has an .exe extension, double click it and follow the installation instructions.
Otherwise, open Device Manager by right-clicking the Start menu and selecting Device Manager.
Find the device and model you want to update in the device list.
Double-click on it to open the Properties dialog box.
From the Properties dialog box, select the Driver tab.
Click the Update Driver button, then follow the instructions.
Very important: You must reboot your system to ensure that any driver updates have taken effect.
For more help, visit our Driver Support section for step-by-step videos on how to install drivers for every file type.