Juniper Networks EX4200 User Manual
Page 4
6. Confidentiality. The Parties agree that aspects of the Software and associated documentation are the confidential property of Juniper. As such, Customer
shall exercise all reasonable commercial efforts to maintain the Software and associated documentation in confidence, which at a minimum includes
restricting access to the Software to Customer employees and contractors having a need to use the Software for Customer’s internal business purposes.
7. Ownership. Juniper and Juniper’s licensors, respectively, retain ownership of all right, title, and interest (including copyright) in and to the Software,
associated documentation, and all copies of the Software. Nothing in this Agreement constitutes a transfer or conveyance of any right, title, or interest in
the Software or associated documentation, or a sale of the Software, associated documentation, or copies of the Software.
8. Warranty, Limitation of Liability, Disclaimer of Warranty. The warranty applicable to the Software shall be as set forth in the warranty statement that
accompanies the Software (the “Warranty Statement”). Nothing in this Agreement shall give rise to any obligation to support the Software. Support services
may be purchased separately. Any such support shall be governed by a separate, written support services agreement. TO THE MAXIMUM EXTENT PERMITTED
BY LAW, JUNIPER SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA, OR COSTS OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,
OR FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, OR ANY JUNIPER OR
JUNIPER-SUPPLIED SOFTWARE. IN NO EVENT SHALL JUNIPER BE LIABLE FOR DAMAGES ARISING FROM UNAUTHORIZED OR IMPROPER USE OF ANY
JUNIPER OR JUNIPER-SUPPLIED SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED IN THE WARRANTY STATEMENT TO THE EXTENT PERMITTED BY LAW,
JUNIPER DISCLAIMS ANY AND ALL WARRANTIES IN AND TO THE SOFTWARE (WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING
ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IN NO EVENT DOES JUNIPER
WARRANT THAT THE SOFTWARE, OR ANY EQUIPMENT OR NETWORK RUNNING THE SOFTWARE, WILL OPERATE WITHOUT ERROR OR INTERRUPTION,
OR WILL BE FREE OF VULNERABILITY TO INTRUSION OR ATTACK. In no event shall Juniper’s or its suppliers’ or licensors’ liability to Customer, whether
in contract, tort (including negligence), breach of warranty, or otherwise, exceed the price paid by Customer for the Software that gave rise to the claim, or
if the Software is embedded in another Juniper product, the price paid by Customer for such other product. Customer acknowledges and agrees that Juniper
has set its prices and entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same
reflect an allocation of risk between the Parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss),
and that the same form an essential basis of the bargain between the Parties.
9. Termination. Any breach of this Agreement or failure by Customer to pay any applicable fees due shall result in automatic termination of the license
granted herein. Upon such termination, Customer shall destroy or return to Juniper all copies of the Software and related documentation in Customer’s
possession or control.
10. Taxes. All license fees payable under this agreement are exclusive of tax. Customer shall be responsible for paying Taxes arising from the purchase of
the license, or importation or use of the Software. If applicable, valid exemption documentation for each taxing jurisdiction shall be provided to Juniper prior
to invoicing, and Customer shall promptly notify Juniper if their exemption is revoked or modified. All payments made by Customer shall be net of any
applicable withholding tax. Customer will provide reasonable assistance to Juniper in connection with such withholding taxes by promptly: providing Juniper
with valid tax receipts and other required documentation showing Customer’s payment of any withholding taxes; completing appropriate applications that
would reduce the amount of withholding tax to be paid; and notifying and assisting Juniper in any audit or tax proceeding related to transactions hereunder.
Customer shall comply with all applicable tax laws and regulations, and Customer will promptly pay or reimburse Juniper for all costs and damages related
to any liability incurred by Juniper as a result of Customer’s non-compliance or delay with its responsibilities herein. Customer’s obligations under this
Section shall survive termination or expiration of this Agreement.
11. Export. Customer agrees to comply with all applicable export laws and restrictions and regulations of any United States and any applicable foreign
agency or authority, and not to export or re-export the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or
without all necessary approvals. Customer shall be liable for any such violations. The version of the Software supplied to Customer may contain encryption
or other capabilities restricting Customer’s ability to export the Software without an export license.
12. Commercial Computer Software. The Software is “commercial computer software” and is provided with restricted rights. Use, duplication, or disclosure
by the United States government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7201 through 227.7202-4, FAR 12.212,
FAR 27.405(b)(2), FAR 52.227-19, or FAR 52.227-14(ALT III) as applicable.
13. Interface Information. To the extent required by applicable law, and at Customer's written request, Juniper shall provide Customer with the interface
information needed to achieve interoperability between the Software and another independently created program, on payment of applicable fee, if any.
Customer shall observe strict obligations of confidentiality with respect to such information and shall use such information in compliance with any applicable
terms and conditions upon which Juniper makes such information available.
14. Third Party Software. Any licensor of Juniper whose software is embedded in the Software and any supplier of Juniper whose products or technology
are embedded in (or services are accessed by) the Software shall be a third party beneficiary with respect to this Agreement, and such licensor or vendor
shall have the right to enforce this Agreement in its own name as if it were Juniper. In addition, certain third party software may be provided with the
Software and is subject to the accompanying license(s), if any, of its respective owner(s). To the extent portions of the Software are distributed under and
subject to open source licenses obligating Juniper to make the source code for such portions publicly available (such as the GNU General Public License
(“GPL”) or the GNU Library General Public License (“LGPL”)), Juniper will make such source code portions (including Juniper modifications, as appropriate)
available upon request for a period of up to three years from the date of distribution. Such request can be made in writing to Juniper Networks, Inc., 1194
N. Mathilda Ave., Sunnyvale, CA 94089, ATTN: General Counsel. You may obtain a copy of the GPL at
a copy of the LGPL at
15. Miscellaneous. This Agreement shall be governed by the laws of the State of California without reference to its conflicts of laws principles. The provisions
of the U.N. Convention for the International Sale of Goods shall not apply to this Agreement. For any disputes arising under this Agreement, the Parties
hereby consent to the personal and exclusive jurisdiction of, and venue in, the state and federal courts within Santa Clara County, California. This Agreement
constitutes the entire and sole agreement between Juniper and the Customer with respect to the Software, and supersedes all prior and contemporaneous
iv
■