3COM 4005 User Manual

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ENDUSERSOFTWARELICENSE

3 AGREEMENT

IMPORTANT: READ BEFORE USING OR INSTALLING THE SWITCH 4005

SOFTWARE

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING AND USING THIS PRODUCT, THE USE OF WHICH IS LICENSED BY 3COM CORPORATION (“3COM”) TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW.

DOWNLOADING, INSTALLING OR OTHERWISE USING ANY PART OF THE SOFTWARE OR DOCUMENTATION INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL OR OTHERWISE USE THE SOFTWARE OR DOCUMENTATION, DO NOT CLICK ON THE “I AGREE” OR SIMILAR BUTTON. AND IF YOU HAVE RECEIVED THE SOFTWARE AND DOCUMENTATION ON PHYSICAL MEDIA, RETURN THE ENTIRE PRODUCT WITH THE SOFTWARE AND DOCUMENTATION UNUSED TO THE SUPPLIER WHERE YOU OBTAINED IT.

License 3Com grants you a nonexclusive, nontransferable (except as specified herein) license to use the accompanying software program(s) in executable form (the “Software”) and accompanying documentation (the “Documentation”), subject to the terms and restrictions set forth in this Agreement. You are not permitted to lease, rent, distribute or sublicense (except as specified herein) the Software or Documentation or to use the Software or Documentation in atime-sharingarrangement or in any other unauthorized manner. Further, no license is granted to you in the human readable code of the Software (source code). Except as provided below, this Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights with respect to the Software or Documentation.

22 CHAPTER3: ENDUSERSOFTWARELICENSEAGREEMENT

Subject to the restrictions set forth herein, the Software is licensed to be used by one (1) user on any personal computer owned by or leased to you, for your internal use. You may reproduce one (1) copy of the Software and Documentation for backup or archive purposes. Any copy of the Software and Documentation must contain 3Com's and its licensors' 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 any licensed program or documentation delivered to you under this Agreement.

Assignment; No You may transfer the Software, Documentation and the licenses grantedReverse Engineering herein to another party in the same country in which you obtained the

Software and Documentation if the other party agrees in writing to accept and be bound by the terms and conditions of this Agreement. If you transfer the Software and Documentation, you must at the same time either transfer all copies of the Software and Documentation to the party or you must destroy any copies not transferred. Except as set forth above, you may not assign or transfer your rights under this Agreement.

Modification, reverse engineering, reverse compiling, or disassembly of the Software is expressly prohibited. However, if you are a European Union (“EU”) resident, information necessary to achieve interoperability of the Software 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.

Export Restrictions The Software, including the Documentation 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 orre-exportthe 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.

23

You are responsible for obtaining any licenses to export, re-exportor import the Technical Data. In addition to the above, the Product may not be used, exported orre-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 suppliers. You agree to hold such trade secrets in confidence. You further acknowledge and agree that ownership of, and title to, the Software and Documentation and all subsequent copies thereof regardless of the form or media are held by 3Com and its suppliers.

United States The Software, Documentation and any other technical data providedGovernment Legends hereunder is commercial in nature and developed solely at private

expense. The Software 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 the Software. Technical data is provided with limited rights only as provided in DFAR252.227-7015(Nov. 1995) or FAR52.227-14(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 and Documentation 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 and Documentation, together with all copies and merged portions in any form.

Limited Warranties All warranties and limitations of liability applicable to the Software are asand Limitation of stated on the Limited Warranty Card or in the product manual, whetherLiability in paper or electronic form, accompanying the Software. Such warranties and limitations of liability are incorporated herein in their entirety by this

reference.

24 CHAPTER3: ENDUSERSOFTWARELICENSEAGREEMENT

Governing Law 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.

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 and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefor.

Entire Agreement 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 and Documentation, and may be amended only in a writing signed by both parties.

Should you have any questions concerning this Agreement or if you desire to contact 3Com for any reason, please contact the 3Com subsidiary serving your country, or write:

3Com Corporation

Customer Support Information

5400 Bayfront Plaza

P.O. Box 58145

Santa Clara, CA 95052-8145

Copyright © 2002 3Com Corporation. All rights reserved. 3Com is a registered trademark of 3Com Corporation.

PRODUCTCOMPLIANCE

4

Country or regional standards exist for certain physical and safety issues.

The Switch 4005 complies with the standards noted in this chapter.

Product specifications and additional standards compliance information are noted in the Switch 4005 Installation and Maintenance Guide.

Emissions

Compliance

Statements for

Class A Products

Federal This equipment has been tested and found to comply with the limits for aCommunications Class A digital device, pursuant to part 15 of the FCC rules. These limits

Commission Notice are designed to provide reasonable protection against harmful interference when the equipment is operated in a commercial environment. This equipment generates, uses, and can radiate radio frequency energy and, if not installed and used in accordance with the instruction manual, may cause harmful interference to radio communications. Operation of this equipment in a residential area is likely to cause harmful interference, in which case the user will be required to correct the interference at his or her own expense.

Canadian Emissions This Class A digital apparatus meets all requirements of the CanadianRequirements Interference-CausingEquipment Regulations.

Cet appareil numérique de la classe A respecte toutes les exigences du

Règlement sur le matériel brouilleur du Canada.

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VCCI Class A

Compliance

This is a Class A product based on the standard of the Voluntary Control Council for Interference by Information Technology Equipment (VCCI). If this equipment is used in a domestic environment, radio disturbance may arise. When such trouble occurs, the user may be required to take corrective actions.

EMC Directive Statement 27

EMC Directive Statement

EMC Directive Compliance This equipment was tested and found to conform to the Council Directive 89/336/EEC for electromagnetic compatibility. Conformity with this Directive is based upon compliance with the following harmonized standards:

EN 55022

Limits and Methods of Measurement of Radio Interference

EN 50082-1Electromagnetic Compatibility Generic Immunity Standard:

Residential, Commercial, and Light Industry

Warning: This is a Class A product. In a domestic environment, this product may cause radio interference, in which case you may be required to take adequate measures.

Low Voltage Directive Statement

Low Voltage Directive Compliance This equipment was tested and found to conform to the Council Directive 72/23/EEC for safety of electrical equipment. Conformity with this Directive is based upon compliance with the following harmonized standard:

EN 60950

Safety of Information Technology Equipment

General Approval Statement for UK

UK General Approval Statement This equipment is manufactured to the international Safety Standard EN60950 and is approved in the UK under the General Approval Number NS/G/12345/J/100003 for indirect connection to the public telecommunication network.

Australian EMC

Frameworks

Statement

Australian EMC Frameworks

Compliance

This product conforms to the EMC Frameworks and meets the Class A limits of AS3548.

28 CHAPTER4: PRODUCTCOMPLIANCE