3Com Connection Assistant License Agreement

THIS IS A CONTRACT. IF YOU DOWNLOAD, INSTALL OR USE THE 3COM CONNECTION ASSISTANT PRODUCT, YOU ARE ACCEPTING ALL THE TERMS AND CONDITONS SHOWN BELOW.

PLEASE READ THE CONTRACT CAREFULLY.  IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS CONTRACT ("Agreement") - DO NOT CLICK ON THE "I AGREE" BUTTON.  DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE, THE DOCUMENTATION, THE SERVICE, OR THE UPDATES, AND IF YOU RECEIVED THIS PRODUCT ON PHYSICAL MEDIA, RETURN IT UNUSED TO THE SUPPLIER WHERE YOU OBTAINED IT.

This Agreement applies to the 3Com Connection Assistant software including any changes to it that 3Com may provide you ("Software") and the documentation supplied to you that relates to the Software ("Documentation"), all the information and functionality that is made available to you through the 3Com web based remote diagnostic service accessible by you through use of the Software for the 3Com products 3Com designates from time to time ("Service"), and each 3Com product software fix or update ("Update") 3Com provides you through the Software or the Service.

THE PARTIES.  The parties to this license are 3Com Corporation ("3Com") and you, the user of the Software, Documentation, Service or the Update(s) ("you" or "Customer"). In granting this license to you, 3Com is also acting on behalf of each of its Information Partners.  An "Information Partner" is each entity that has licensed to 3Com any of the information or software code in the Service, the Software, the Documentation or the Updates. Each Information Partner retains its right to enforce its trademarks, copyrights, patents, trade secrets and other rights directly against you.

LICENSE.  3Com grants you a nonexclusive, nontransferable license to use the Software in object code form only (not in human readable source code) on a computer workstation owned or leased by you, for your internal use, provided that you only use the Software and the Documentation to access the Service from that computer workstation, and you only use each Update for your internal use on a nonexclusive, nontransferable licensed basis with only the 3Com hardware product and/or software product that 3Com intended. Any rights not expressly granted in this license are reserved to 3Com and the Information Partners.

You may only copy the Software, Documentation and Updates as essential for backup or archive purposes in support of your use of those items as permitted hereunder.  Each copy of the Software, Documentation and Updates must contain 3Com's and its Information Partners' proprietary rights and copyright notices in the same form as on the original. You agree not to remove or deface any portion of any legend provided on Software, Documentation or Update delivered to you under this Agreement.

ASSIGNMENT, NO REVERSE ENGINEERING, UNAUTHORIZED ACCESS.  You may not sell, transfer, commercially exploit, assign or sublicense to another party the licenses granted to you under this Agreement, or the Service, Software, Documentation or the Updates.

Modification, reverse engineering, reverse compiling, or disassembly of the Software or Updates is expressly prohibited. However, if you are a European Union ("EU") resident, information necessary to achieve interoperability of the Software or Updates with other programs within the meaning of the EU Directive on the Legal Protection of Computer Programs is available to you from 3Com upon written request.

You are solely responsible for controlling the use of the Service, the Software, the Documentation and the Updates on each of your computer workstations or network servers to prevent unlicensed use of those items or unauthorized access to those things by your employees, prior employees or third parties.  All claims or damages arising out of or related to such unauthorized access or unlicensed use is Customer's sole responsibility. 

EXPORT RESTRICTIONS.  The Software, including the Documentation, Updates and all related technical data (and any copies thereof) (collectively "Technical Data"), is subject to United States Export control laws and may be subject to export or import regulations in other countries. In addition, the Technical Data covered by this Agreement may contain data encryption code which is unlawful to export or transfer from the United States or country where you legally obtained it without an approved U.S. Department of Commerce export license and appropriate foreign export or import license, as required. You agree that you will not export or re-export the Technical Data (or any copies thereof) or any products utilizing the Technical Data in violation of any applicable laws or regulations of the United States or the country where you legally obtained it. You are responsible for obtaining any licenses to export, re-export or import the Technical Data. In addition to the above, the Technical Data may not be used, exported or re-exported (i) into or to a national or resident of any country to which the U.S. has embargoed; or (ii) to any one on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals.

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 Information Partners. You agree to hold such trade secrets in confidence. You further acknowledge and agree that ownership of, and title to the Service, the Software, the Documentation and the Updates, including all subsequent copies thereof regardless of the form or media, are held by 3Com and/or its Information Partners. The information in or available through the Service, the Software, the Documentation and the Updates is also protected by United States Copyright Law and International Treaty provisions.

UNITED STATES GOVERNMENT LEGENDS.  The Software, Documentation, Updates and any other technical data provided hereunder is commercial in nature and developed solely at private expense. Each such item 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 those items. 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.  The licenses granted hereunder are perpetual unless terminated earlier as specified below. You may terminate the licenses and this Agreement at any time by destroying the Software, Documentation and the Updates together with all copies and merged portions in any form. The licenses and this Agreement 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, Documentation, and the Updates together with all copies and merged portions in any form.

DATA CAPTURE AND USE.  During your use of the Service it will be necessary for you to supply 3Com with personal information and also information regarding your computer and network hardware and software environment ("Computer Information"). 3Com's capture and use of your personal information shall be consistent with 3Com's then current privacy statement posted on the 3Com.com web site. That privacy statement can be viewed at http://www.3com.com/corpinfo/en_US/legal/privacy.html. In addition, the Service will automatically collect Computer Information from your relevant hardware and software regarding release levels, configurations, software models and other such data relevant to providing the computerized remote diagnostic Service through the Software.  You agree to such data capture and use by 3Com, each of its wholly owned subsidiaries, and each of its Information Partners for the purpose of providing the Service including use of all such data to contact you with post Service quality surveys.

LIMITED WARRANTIES AND LIMITATION OF LIABILITY.

a. If the Software or Updates were delivered to you on a physical media disc, then for a period of ninety (90) days from the date the Software or Updates are shipped to you, 3Com warrants to you that the disc containing the Software or Updates shall be free from defects in materials and workmanship under normal use. During the warranty period, 3Com will replace a defective disc free of charge upon its return to 3Com or 3Com's designated supplier.

b. 3Com warrants and represents that it has the right to enter into this Agreement and to deliver "AS IS" the Software, Documentation, Service and the Updates.

c. WHETHER THE CLAIMED LIABILITY ARISES FROM BREACH OF WARRANTY, BREACH OF THIS AGREEMENT OR OTHERWISE, AND WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, THE WARRANTIES EXPRESSED IN PARAGRAPHS a) AND b) ABOVE REPRESENT THE ENTIRE LIABILITY OF 3COM AND EACH INFORMATION PARTNER WITH RESPECT TO THIS LICENSE, THE SOFTWARE, THE DOCUMENTATION, THE SERVICE, AND THE UPDATES AND ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR QUIET USE AND ENJOYMENT, ALL OF WHICH 3COM AND THE INFORMATION PARTNERS DISCLAIM.

d. 3COM AND THE INFORMATION PARTNERS MAKE NO WARRANTY THAT THE SERVICE, THE SOFTWARE, THE DOCUMENTATION OR THE UPDATES WILL RUN UNINTERRUPTED OR BE ERROR FREE.  3COM AND THE INFORMATION PARTNERS SHALL NOT BE LIABLE FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA OR INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR ARE RELATED TO USE OF THE SERVICE, THE SOFTWARE. THE DOCUMENTATION OR THE UPDATES, EVEN IF EXPRESSLY MADE AWARE OF THE POSSIBILITY THEREOF.

e. IN NO EVENT MAY ANY ACTION BE BROUGHT AGAINST 3COM OR THE INFORMATION PARTNERS ARISING OUT OF THIS AGREEMENT MORE THAN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION AROSE, DETERMINED WITHOUT REGARD TO WHEN THE CUSTOMER SHALL HAVE LEARNED OF THE ALLEGED DEFECT, INJURY, OR LOSS.

f. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

g. THE PROVISION OF THIS PARAGRAPH ENTITLED, "LIMITED WARRANTIES AND LIMITATION OF LIABILITY" WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT OR THE LICENSE(S) IT PROVIDES FOR.

GOVERNING LAW AND GENERAL PROVISIONS.  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. 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. This Agreement sets forth the entire understanding and agreement between you and 3Com and supersedes all prior agreements, whether written or oral, with respect to the Software, the Documentation, the Service or the Updates and may be amended only in a writing signed by authorized representatives of both parties.
