ENTERASYS NETWORKS, INC.
SOFTWARE REPLICATION LICENSE
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
ACCESSING OR USING THE LICENSED MATERIAL.
This document is an agreement ("Agreement")
between you, the end user ("You"), and Enterasys
Networks, Inc. ("Enterasys"), that sets forth
Your rights and obligations regarding access
to the electronic version of the software and/or
firmware (the "Licensed Material"), as applicable.
BY CLICKING ON THE "I AGREE" BUTTON, YOU ARE
AGREEING TO BECOME BOUND BY THE TERMS OF THIS
AGREEMENT, WHICH INCLUDES THE LICENSE AND
DISCLAIMER OF WARRANTY AND LIABILITY. IF YOU DO
NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK
ON THE "I DO NOT AGREE" BUTTON, IN WHICH CASE
YOU WILL NOT BE PERMITTED TO ACCESS THE LICENSED
MATERIALS. The Licensed Material is provided by
Enterasys, subject to Your agreement to the
terms and conditions below.
Access to the Licensed Material pursuant to this
Agreement is restricted to individuals who have
licensed the Licensed Material or have purchased
the hardware and/or licensed the software to
which the Licensed Material pertains
(the "Required Purchase"). If You have not made
the Required Purchase, please contact a
representative at the following telephone number:
(603) 332-9400, or send an email to
sales@enterasys.com. Enterasys will grant You a
non-transferable, nonexclusive license to access
the Licensed Material online as set forth in this
Agreement if You agree to the following terms
and conditions:
1. TERM. This Agreement is effective from the
date on which You click on the "I Agree" button
and shall continue in effect unless terminated as
follows. Enterasys may at any time, in its
discretion, choose to terminate this Agreement
and Your license to use the Licensed Material.
In addition, this Agreement and Your license to
use theLicensed Material will terminate if You
fail to comply with any term or condition herein,
as set forth in more detail in Section 5.
2. AUTHORIZATION. You are authorized to make multiple
copies of the Licensed Material and the accompanying
documentation provided that:
* You received this license document and accompanying
media and documentation from either Enterasys or
an authorized Enterasys business partner.
* You copy the Licensed Material only to
Enterasys-manufactured or Enterasys-supplied
devices that execute the software.
* You limit copies to devices that are owned or
controlled by You.
* You include the Enterasys copyright notice on all
copies of the Licensed Material and documentation.
* A copy of the Licensed Material on a device and a copy
of the documentation may be transferred with
the device.
3. RESTRICTIONS. You may not decompile, disassemble,
electronically transfer, or reverse engineer
the Licensed Material, or translate the Licensed
Material into another computer language. All of Your
rights to use the Licensed Material are expressly
stated herein and are subject to the further
restrictions set forth below; there are no implied
rights, and Enterasys reserves all rights not
expressly granted to You.
4. TITLE AND PROPRIETARY RIGHTS.
(a) The Licensed Material is a copyrighted work and is
the sole and exclusive property of Enterasys or its
suppliers. This Agreement conveys a limited right
to use the Licensed Material and shall not be
construed to convey title to the Licensed Material
to You. You shall not sell, lease, transfer,
sublicense, or otherwise make available or permit
access to the Licensed Material, or any portion
thereof, to any other party.
(b) 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.
5. PROTECTION AND SECURITY. You agree to use Your
best efforts and take all reasonable steps to
ensure that no unauthorized personnel shall have
access to the Licensed Material 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.
6. DEFAULT AND TERMINATION. In the event that You fail to
keep, observe, or perform any obligation under this
Agreement, Enterasys may, in addition to any other
remedies it may have at law, in equity, or otherwise,
terminate this Agreement and Your license to use the
Licensed Material. Sections 2, 3, 4, 5, 6, 7, 8, 9,
and 10 shall survive termination of this Agreement
for any reason.
7. MAINTENANCE AND SUPPORT. Enterasys shall have no
obligation to provide maintenance or support the
Licensed Material.
8. DISCLAIMER OF WARRANTY. NEITHER ENTERASYS NOR ITS
AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION,
EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED
MATERIAL, WHICH IS LICENSED "AS IS". ALL WARRANTIES,
INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY
WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR
FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE
OF TRADE, ARE HEREBY EXPRESSLY DISCLAIMED, AND ANY
STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER
PERSON OR FIRM ARE VOID. YOU ASSUME ALL RISK AS TO
THE QUALITY AND ACCURACY OF THE LICENSED MATERIAL.
9. DISCLAIMER AND LIMITATION OF LIABILITY.
(a) YOUR SOLE REMEDY AND ENTERASYS' SOLE OBLIGATION WITH
RESPECT TO ANY CLAIMS, WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE OR PRODUCT LIABILITY), OR
OTHERWISE, ARISING OUT OF OR RELATED TO THIS
AGREEMENT SHALL BE GOVERNED BY THIS AGREEMENT, AND
IN ALL CASES SUCH REMEDY SHALL BE LIMITED TO MONEY
DAMAGES NOT EXCEEDING THE FEE YOU PAID FOR THE REQUIRED
PURCHASE.
(b) IN NO EVENT SHALL ENTERASYS (OR ITS SHAREHOLDERS,
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR ANY OTHER
PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION,
OR DELIVERY OF THE LICENSED MATERIAL) BE LIABLE TO ANY
PARTY FOR ANY SPECIAL, INDIRECT, RELIANCE, INCIDENTAL,
EXEMPLARY, COVER, FORESEEABLE, OR CONSEQUENTIAL DAMAGES,
INCLUDING LOSS OF DATA, PROFITS, AND GOODWILL, OR FOR
INABILITY TO USE THE LICENSED MATERIAL, EVEN IF
ENTERASYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
(c) Some states do not allow the exclusion of implied warranties
and some states do not allow the exclusion or limitation
of incidental or consequential damages, so the above
limitations and exclusions may not apply to You. You
may also have other rights which vary from state to state.
10. GENERAL. This Agreement constitutes the entire
understanding between the parties with respect to the
subject matter hereof, and all prior agreements,
representations, statements, and undertakings, oral or
written, are hereby expressly superseded and canceled.
You shall not assign this Agreement (and any attempt
to do so shall be null and void) without the express
written consent of Enterasys. 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 of that or any other right in the future. If
any provision of this Agreement is determined to be
invalid or unenforceable under any applicable law, it
shall be deemed omitted and the remaining provisions
shall continue in full force and effect. 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 Commonwealth
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. The official language of this Agreement is
English. You hereby acknowledge that, to the extent
permitted by law, any other language version of this
Agreement is provided to You for convenience only and,
accordingly, in the event of any inconsistency or
ambiguity between the English and any other language
version, the English language version shall prevail.
Any notice or other communication to be sent to
Enterasys must be mailed by certified mail to the
following address:
35 Industrial Way
Rochester, NH 03867
Attention: Legal Department
Enterasys Proprietary Information
Software Replication License
Revised: 4/02/01
F1593
P/N 9033689
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.