Enterasys RoamAbout Installationsanleitung Seite 20

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xviii
9. OWNERSHIP. This is a license agreement and not an agreement for sale. You
acknowledge and agree that the Program constitutes trade secrets and/or
copyrighted material of Enterasys and/or its suppliers. You agree to implement
reasonable security measures to protect such trade secrets and copyrighted
material. All right, title and interest in and to the Program shall remain with
Enterasys and/or its suppliers. All rights not specifically granted to You shall be
reserved to Enterasys.
10. ENFORCEMENT. You acknowledge and agree that any breach of Sections 2, 4,
or 9 of this Agreement by You may cause Enterasys irreparable damage for which
recovery of money damages would be inadequate, and that Enterasys may be
entitled to seek timely injunctive relief to protect Enterasys’ rights under this
Agreement in addition to any and all remedies available at law.
11. ASSIGNMENT. You may not assign, transfer or sublicense this Agreement or any
of Your rights or obligations under this Agreement, except that You may assign this
Agreement to any person or entity which acquires substantially all of Your stock or
assets. Enterasys may assign this Agreement in its sole discretion. This
Agreement shall be binding upon and inure to the benefit of the parties, their legal
representatives, permitted transferees, successors and assigns as permitted by
this Agreement. Any attempted assignment, transfer or sublicense in violation of
the terms of this Agreement shall be void and a breach of this Agreement.
12. WAIVER. A waiver by Enterasys of a breach of any of the terms and conditions of
this Agreement must be in writing and will not be construed as a waiver of any
subsequent breach of such term or condition. Enterasys’ failure to enforce a term
upon Your breach of such term shall not be construed as a waiver of Your breach
or prevent enforcement on any other occasion.
13. SEVERABILITY. 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 thereby, and that
provision shall be reformed, construed and enforced to the maximum extent
permissible. Any such invalidity, illegality or unenforceability in any jurisdiction shall
not invalidate or render illegal or unenforceable such provision in any other
jurisdiction.
14. TERMINATION. Enterasys may terminate this Agreement immediately upon Your
breach of any of the terms and conditions of this Agreement. Upon any such
termination, You shall immediately cease all use of the Program and shall return to
Enterasys the Program and all copies of the Program.
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