Dell PowerConnect J-SRX100 Hardware Guide - Page 4

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Software in any manner that extends or is broader than the uses purchased by Customer from Juniper or an authorized Juniper reseller; (i) use Embedded Software on non-Juniper equipment; (j) use Embedded Software (or make it available for use) on Juniper equipment that the Customer did not originally purchase from Juniper or an authorized Juniper reseller; (k) disclose the results of testing or benchmarking of the Software to any third party without the prior written consent of Juniper; or (l) use the Software in any manner other than as expressly provided herein. 5. Audit. Customer shall maintain accurate records as necessary to verify compliance with this Agreement. Upon request by Juniper, Customer shall furnish such records to Juniper and certify its compliance with this Agreement. 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. iv

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Software in any manner that extends or is broader than the uses purchased by Customer from Juniper or an authorized Juniper reseller; (i)
use Embedded Software on non-Juniper equipment; (j) use Embedded Software (or make it available for use) on Juniper equipment that
the Customer did not originally purchase from Juniper or an authorized Juniper reseller; (k) disclose the results of testing or benchmarking
of the Software to any third party without the prior written consent of Juniper; or (l) use the Software in any manner other than as expressly
provided herein.
5.
Audit.
Customer shall maintain accurate records as necessary to verify compliance with this Agreement. Upon request by Juniper,
Customer shall furnish such records to Juniper and certify its compliance with this Agreement.
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.
iv