viiNoticesubject to national security controls as identified on the U.S. Commerce Control List, or (iii) if thedirect product of the technology is a complete plant o r any major component of a plant, export toCountry Groups D:1 or E:2 the direct product of the plant or a major component thereof, if suchforeign produced direct product is subject to national security controls as identified on the U.S.Commerce Control List or is subject to State Department controls under the U.S. Munitions List.5. UNITED STATES GOVERNMENT RESTRICTED RIGHTS. The enclosed Product (i) wasdeveloped solely at private expense; (ii) contains “restricted computer software” submitted withrestricted rights in accordance with section 52.227-19 (a) through (d) of the Commercial ComputerSoftware-Restricted Rights Clause and its successors, and (iii) in all respects is proprietary databelonging to Cabletron and/or its suppliers. For Department of Defense units, the Product isconsidered commercial computer software in accordance with DFARS section 227.7202-3 and itssuccessors, and use, duplication, or disclosure by the Government is subject to restrictions set forthherein.6. EXCLUSION OF WARRANTY. Except as may be specifically provided by Cabletron in writing,Cabletron makes no warranty, expressed or implied, concerning the Program (including itsdocumentation and media).CABLETRON DISCLAIMS ALL WARRANTIES, OTHER THAN THOSE SUPPLIED TO YOU BYCABLETRON IN WRITING, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TOIMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,WITH RESPECT TO THE PROGRAM, THE ACCOMPANYING WRITTEN MATERIALS, AND ANYACCOMPANYING HARDWARE.7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL CABLETRON ORITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUTLIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS, BUSINESS INTERRUPTION, LOSSOF BUSINESS INFORMATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR RELIANCEDAMAGES, OR OTHER LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THISCABLETRON PRODUCT, EVEN IF CABLETRON HAS BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATIONOF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR IN THE DURATION ORLIMITATION OF IMPLIED WARRANTIES IN SOME INSTANCES, THE ABOVE LIMITATION ANDEXCLUSIONS MAY NOT APPLY TO YOU.
