Noticeiv 9033260-01If the Program is exported from the United States purs uant to the License Exception TSR underthe U.S. Export Administration Regulations, in addition to the restriction on transfer set forth inSections 1 or 2 of this Agreement, You agree not to (i) reexport or release the Program, the sourcecode for the Program or technology to a national of a country in Country Groups D:1 or E:2 (Albania,Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, Cuba, Estonia, Georgia, Iraq, Kazakhstan,Kyrgyzstan, Laos, Latvia, Libya, Lithuania, Moldova, North Korea, the People’s Republic of China,Romania, Russia, Rwanda, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, Vietnam, or such othercountries as may be des ignated by the United States Government), (ii) export to Country Groups D:1or E:2 (as defined herein) the direct product of the Program or the technology, if such foreignproduced direct product is s ubject to national security controls as identified on the U.S. CommerceControl List, or (iii) if the direct product of the technology is a complete plant o r any majorcomponent of a plant, export to Country Groups D:1 or E:2 the direct product of the plant or a majorcomponent thereof, if such foreign produced direct product is subject to national security controls asidentified on the U.S. Commerce Control List or is subject to State Department controls under theU.S. Munitions List.5. UNITED STATES GOVERNMENT RESTRICTED RIGHTS. The enclos ed Product (i)was developed 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 s uccessors, and (iii) in all respects is proprietary databelonging to Cabletron and/or its suppliers . For Department of Defense units, the Product is consideredcommercial computer software in accordance with DFARS section 227.7202-3 and its successors, anduse, duplication, or disclosure by the Government is subject to restrictions set forth herein.6. EXCLUSION OF WARRANTY. Except as may be specifically provided by Cabletron inwriting, Cabletron makes no warranty, expressed or implied, concerning the Program (including itsdocumentation and media).CABLETRON DISCLAIMS ALL WARRANTIES, OTHER THAN THOSE SUPPLIED TOYOU BY CABLETRON IN WRITING, EITHER EXPRESS OR IMPLIED, INCLUDING BUTNOT LIM ITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR APARTICULAR PURPOSE, WITH RESPECT TO THE PROGRAM, THE ACCOMPANYINGWRITTEN MATERIALS, AND ANY ACCOMPANYING HARDWARE.7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALLCABLETRON OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, PROFITS,BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, SPECIAL, INCIDENTAL,CONSEQUENTIAL, OR RELIANCE DAMAGES, OR OTHER LOSS) ARISING OUT OF THEUSE OR INABILITY TO USE THIS CABLETRON PRODUCT, EVEN IF CABLETRON HASBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOM E STATES DONOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL ORINCIDENTAL DAMAGES, OR IN THE DURATION OR LIMITATION OF IMPLIEDWARRANTIES IN SOME INSTANCES, THE ABOVE LIMITATION AND EXCLUSIONS MAYNOT APPLY TO YOU.