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End User License Agreement
READ THIS END US
ER LICENSE AGREEMENT (“AGREEMENT”) BEFORE DOWNLOADING, INSTALLING , OR USING THE SOFTWARE. BY DOWNLOADING,
INSTALLING, O
R USING THE SOFTWARE OR OTHERWISE EXPRESSING YOUR AGREEMENT TO THE TERMS CONTA INED HEREIN, YOU (AS CUSTOMER
OR IF YOU ARE NO
T THE CUSTOMER, AS A REPRESENTATIVE/AGENT AUTHORIZED TO BIND THE CUSTOMER) C ONSENT TO BE BOUND BY THIS
AGREEMENT. IF
YOU DO NOT OR CANNOT AGREE TO THE TERMS CONTAINED HEREIN, THEN (A) DO NOT DOWNLOAD, INSTALL, OR USE THE
SOFTWARE, AN
D (B) YOU MAY CONTACT JUNIPER NETWORKS REGARDING LICENSE TERMS.
1. The Partie
s. The parties to this Agreement are Juniper Networks, In c. and its subsidiaries (collectively “Juniper”), and the person or organization that
originally p
urchased from Juniper or an authorized Juniper reseller the applicable license(s) for use of the Software (“Customer”) (collectively, the “Parties”).
2. The Softwa
re. In this Agreement, “Software” means the program modules and features of the Juniper or Juniper-supplied software, and updates and
releases of
such software, for which Customer has paid the applicable license or support fees to Juniper or an authorized Juniper reseller. “Embedded
Software” m
eans Software which Juniper has embedded in the Juniper equipment.
3. License G
rant. Subject to payment of the applicable fees and the limitations and restrictions set forth herein, Juniper grants to Customer a
non-exclus
ive and non-transferable license, without right to sublicense, to use the Software, in executable form only, subject to the following use restrictions:
a. Custome
r shall use the Embedded Software solely as embedded in, and for execution on, Juniper equipment originally purchased by Customer from
Juniper or
an authorized Juniper reseller.
b. Custome
r shall use the Software on a single hardware chassis having a single processing unit, or as many chassis or processing units for which Customer
has paid th
e applicable license fees; provided, however, with respect to the Steel -Belted Radius or Odyssey Access Client software only, Customer shall
use such So
ftware on a single computer containing a single physical random access memory space and containing any number of processors. Use of
the Steel
-Belted Radius software on multiple computers requires m ultiple licenses, regardless of whether such computers are physically contained on a
single ch
assis.
c. Produc
t purchase documents, paper or electronic user documentation, and/or the particular licenses purchased by Customer may specify limits to
Custome
r’s use of the Software. Such limits may restrict use to a maximum number of seats, registered endpoints, concurrent users, sessions, calls,
connect
ions,subscribers,clusters,nodes,realms,devices,links,portsortransactions,orrequirethepurchaseofseparatelicensestouseparticularfeatures,
functio
nalities, services, applications, operations, or capabilities, or provide throughput, performance, configuration, bandwidth, interface, processing,
tempor
al, or geographical limits. In addition, such limits may restrict the use of the Software to managing certain kinds of networks or require the
Softwa
re to be used only in conjunction with other specific Software. Customer’s use of the Software shall be subject to all such limitations and purchase
of all a
pplicable licenses.
d. For a
ny trial copy of the Software, Customer’s right to use the Software expires 30 days after download, installation or use of the Software. C ustomer
may op
erate the Software after the 30-day trial period only if Customer pays for a license to do so. Customer may not extend or create an additional
trial
period by re-installing the Software after the 30-day trial period.
e. The
Global Enterprise Edition of the Steel-Belted Radius software may be used by Customer only to manage access to Customer’s enterprise network.
Speci
fically, service provider customers are expressly prohibited from using the Global Enterprise Edition of the Steel-Belted Radius software to support
any c
ommercial network access services.
The f oregoing license is not transferable or assignable by Customer. No license is granted herein to any user who did not originally purchase the a pplicable
license(s)fortheSoftwarefromJuniperoranauthorizedJuniperreseller.
4. Use Prohibitions. N otw iths tanding the foregoing, the license provided herein does not permit the Customer to, and Customer agrees not to and shall
not: (a) modify, unbundle, reverse engineer, or create derivative works based on the Software; (b) make unauthorized copies of the Software (except as
necessary for backup purpos es); (c) rent, sell, transfer, or grant any rights in and to any copy of the Software, in any form, to any third party; (d) remove any
proprietary notices, labels, or marks on or in any copy of the Software or any product in which the Software is embedded; (e) distribute any copy of the
Software to any third party, including as may be emb edded in Juniper equipment sold in the secondhand market; (f) use any ‘locked’ or key-restricted
feature, function, service, application, operation, or capability without first purchasing the applicable lice nse(s) and obtaining a valid key from Juniper, even
if such feature, fu nction, service, application, operation, or capability is enabled without a key; (g) distribute any key for the Software provided by Juniper
to any third party; (h) use the Software in any manner that extends or is broader than the uses purchased by Customer from Juniper or an authorized
Juniper reseller; (i) use the Emb edded Software on non-Juniper equipment; (j) use the Software (or make it available for use) on Juniper equipment thatthe
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 A greement.
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 ma intain 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