Terms of Use
Enterasys’ Terms of Use
This web site ("Web Site") is provided by Enterasys Networks, Inc. ("Enterasys")
for use by its customers, potential customers, and employees. This agreement ("Agreement")
states the Terms and Conditions under which you may use this Web Site. Please read
this page carefully. If you do not accept the Terms and Conditions stated here,
do not use this Web Site. Enterasys may revise these Terms and Conditions at any
time by updating this posting. You should visit this page periodically to review
these Terms and Conditions, because they are binding on you. If you violate any
of these Terms, your permission to use the Materials (as defined below) automatically
terminates and you must immediately destroy any copies you have made of the Materials.
Enterasys authorizes you to view, copy, and reproduce any of the Materials on this
Web Site provided that you agree to and abide by the terms and conditions contained
herein and in any separate agreement you enter into with Enterasys. Please note
that special rules, including applicable licensing terms may apply to the use of
certain licensed software and other items provided on the Web Site. You should read
such licensing terms as they are binding on you by virtue of your use of any such
licensed software and other items.
The contents of this Web Site, such as text, graphics, images, software, and other
content ("Materials") are protected by copyright under both United States and foreign
laws. Unauthorized use of the Materials may violate copyright, trademark, and other
laws. You must retain all copyright and other proprietary notices contained in the
original Materials on any copy you make of the Materials. You may not sell or modify
the Materials or reproduce, display, publicly perform, distribute, or otherwise
use the Materials in any way for any public or commercial purpose unless otherwise
stated. The use of the Materials on any other web site or in a networked computer
environment for any purpose is prohibited. Nothing on this Web Site or any web site
of Enterasys or its affiliates shall be construed as conferring any license under
any of Enterasys, its affiliate’s or any third party's intellectual property rights,
whether by estoppel, implication, or otherwise. Enterasys prohibits the use of any
Enterasys trademark, or any related graphic, as a "hot" link to any web site unless
approved in writing by Enterasys.
The following is a partial list of trademarks or registered trademarks owned by,
or under the control of, Enterasys or its affiliates. All other products and services
mentioned are identified by the trademarks or service marks of their respective
companies or organizations. Additional marks may be added to this list from time
to time at Enterasys’ discretion.
ATMWORKS, CLEARVISN, ETHERWORKS , GIGASWITCH, NETRIDER , ROAMABOUT, ROAMABOUT (LOGO),
ROUTEABOUT, ENVISN, MULTISTACK, PORTSWITCH, THINWIRE, TOKENWORKS, ENTERASYS, ENTERASYS
SYSTEMS, ENTERASYS SYSTEMS & DESIGN SYNTHESIS, SYNTHESIS & DESIGN MULTI
MEDIA ACCESS CENTER (MMAC), MMAC-PLUS, (FLEXIBLE NETWORK BUS), MICROMMAC, HUBSTACK,
INTEGRATED NETWORK ARCHITECTURE (INA), REMOTE LANVIEW, SPECTRUM, SPECTRUM &
DESIGN SPECTRUM PORTABLE MANAGEMENT APPLICATIONS (SPMA), SPECTRUM FOR OPEN SYSTEMS,
SPECTROPHONE, WORLD/ONE, YOU CAN GET THERE FROM HERE, CYBERSWITCH, BLUEVISION, IMT
(INDUCTIVE MODELING TECHNOLOGY) , DNI (DESKTOP NETWORK INTERFACE) , LANVIEW SECURE,
MINIMMAC, NETLINK, PCMIM, QUICKSET, TRMM, VNM, FREELINK, SECUREFAST, THE STUFF INTRANETS
ARE MADE OF, SYNERGY-PLUS, AND BRIM (BRIDGE/ROUTER INTERFACE MODULE), NETVANTAGE,
OMNILINX, OMNIVIEW, TURBOFRAD, GNTS POWERED SERVICES, RESULTSONE, AUROREAN, CLEARVISN,
DREAMWORLD, ENTERASYS IMAGINE, ENTERASYS NETWORKS, FNB, LANVIEW, MATRIX, NETSIGHT,
NETWORKS THAT KNOW, SECURE HARBOUR, VERTICAL HORIZON, XPEDITION, E-NABLING SERVICE
PROVIDER INFRASTRUCTURE, RAPIDOS, RIVERSTONE NETWORKS, RIVERSTONE NETWORKS &
DESIGN, APRISMA, APRISMA MANAGEMENT TECHNOLOGIES, APRISMA MANAGEMENT TECHNOLOGIES
& DESIGN, and MANAGE WHAT MATTERS.
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The Materials may contain inaccuracies or typographical errors. Enterasys makes
no representations about the accuracy, reliability, completeness, or timeliness
of the Materials or about the results to be obtained from using this Web Site or
the Materials. The use of the Web Site and the Materials is at your own risk. Changes
are periodically made to the Web Site and may be made at any time.
ENTERASYS DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS
WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF
YOUR USE OF THE WEB SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING
EQUIPMENT OR DATA, ENTERASYS IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES
OF ANY KIND. ENTERASYS AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT
OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ENTERASYS
AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS,
OR TIMELINESS OF THE MATERIALS, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE TOTAL MAXIMUM LIABILITY
OF ENTERASYS IS LIMITED, IN ENTERASYS SOLE DISCRETION, TO EITHER (i) REPAIR OF ANY
AFFECTED MATERIALS OR PART THEREOF; OR (ii) REPLACEMENT OF ANY AFFECTED MATERIALS
OR PART THEREOF; OR (iii) REFUND TO YOU OF THE MATERIALS LICENSE FEES OR PURCHASE
PRICE, IF ANY, LESS A REASONABLE FEE FOR YOUR USE OF SUCH MATERIALS.
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IN NO EVENT SHALL ENTERASYS, ITS AFFILIATES, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED
AT THIS WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST
DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB
SITE AND THE MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT ENTERASYS IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
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Generally, any communication which you post to the Web Site is considered to be
non-confidential. If particular Web pages permit the submission of communications
which will be treated by Enterasys as confidential, that fact will be stated in
the "Legal Notices" on those pages. By posting communications to the Web Site, you
automatically grant Enterasys and its affiliates a royalty-free, perpetual, irrevocable
non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute,
perform, and display the communication alone or as part of other works in any form,
media, or technology, whether now known or hereafter developed, and to sublicense
such rights through multiple tiers of sublicensees.
As a user, you are responsible for your own communications and are responsible for
the consequences of their posting. You must not do the following things: post material
that is copyrighted, unless you are the copyright owner or have the permission of
the copyright owner to post it; post material that reveals trade secrets, unless
you own them or have the permission of the owner; post material that infringes on
any other intellectual property rights of others or on the privacy or publicity
rights of others; post material that is obscene, defamatory, threatening, harassing,
abusive, hateful, or embarrassing to another user or any other person or entity;
post sexually-explicit images; post advertisements or solicitations of business;
post chain letters or pyramid schemes; or impersonate another person.
Enterasys does not represent or guarantee the truthfulness, accuracy, or reliability
of any of communications posted by other users or endorse any opinions expressed
by users. You acknowledge that any reliance on Materials posted by other users will
be at your own risk.
Enterasys does not screen communications in advance and is not responsible for screening
or monitoring Materials posted by users. If notified by a user of communications
which allegedly do not conform to this Agreement, Enterasys may investigate the
allegation and determine in good faith and its sole discretion whether to remove
or request the removal of the communication. Enterasys has no liability or responsibility
to users for performance or non-performance of such activities. Enterasys reserves
the right to expel users and prevent their further access to the Web Site for violating
this Agreement or the law and the right to remove communications which are abusive,
illegal, or disruptive.
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The Web Site may contain links to third party web sites. These links are provided
solely as a convenience to you and not as an endorsement by Enterasys of the contents
on such third-party web sites. Enterasys is not responsible for the content of linked
third-party web sites and does not make any representations regarding the content
or accuracy of materials on such third party web sites. If you decide to access
linked third-party web sites, you do so at your own risk.
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You agree to defend, indemnify, and hold harmless Enterasys, its officers, directors,
employees and agents, from and against any claims, actions or demands, including
without limitation reasonable legal and accounting fees, alleging or resulting from
your use of the Materials (including software) or your breach of the terms of this
Agreement. Enterasys shall provide notice to you promptly of any such claim, suit,
or proceeding and shall assist you, at your expense, in defending any such claim,
suit or proceeding.
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Enterasys may use the information it obtains relating to you, including your IP
address, name, mailing address, email address, and use of the Web Site, for its
internal business and marketing purposes and may disclose the information to third
parties for such purposes, subject to the terms and conditions of its
privacy statement.
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This Web Site was created and is maintained in Rochester, New Hampshire. Enterasys
makes no claims that the Materials are appropriate or may be downloaded outside
of the United States. Access to the Materials (including software) may not be legal
by certain persons or in certain countries. If you access the Web Site from outside
of the United States, you do so at your own risk and are responsible for compliance
with the laws of your jurisdiction. This Agreement is governed by the internal substantive
laws of the State of New Hampshire, without respect to its conflict of laws principles.
Any action related to this Agreement shall be brought only in the state and federal
courts of the State of New Hampshire and both parties waive any objection to the
personal jurisdiction of and venue in such courts. If any provision of this Agreement
is found to be invalid by any court having competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining provisions of this
Agreement, which shall remain in full force and effect. No waiver of any term of
this Agreement shall be deemed a further or continuing waiver of such term or any
other term. Except as expressly provided in a particular "Legal Notice" or other
agreement for software or materials on particular Web pages, this Agreement constitutes
the entire Agreement between you and the Enterasys with respect to the use of the
Web Site. Any changes to this Agreement must be made in writing, signed by an authorized
representative of Enterasys.
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