Dell PowerConnect J-EX8208, Software Manual

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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
http://www.gnu.org/licenses/gpl.html
, and a copy of the LGPL
at
http://www.gnu.org/licenses/lgpl.html
.
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 agreements relating to the Software, whether oral or written
(including any inconsistent terms contained in a purchase order), except that the terms of a separate written agreement executed by an
authorized Juniper representative and Customer shall govern to the extent such terms are inconsistent or conflict with terms contained
herein. No modification to this Agreement nor any waiver of any rights hereunder shall be effective unless expressly assented to in writing
by the party to be charged. If any portion of this Agreement is held invalid, the Parties agree that such invalidity shall not affect the validity
of the remainder of this Agreement. This Agreement and associated documentation has been written in the English language, and the
Parties agree that the English version will govern. (For Canada: Les parties aux présentés confirment leur volonté que cette convention de
même que tous les documents y compris tout avis qui s'y rattaché, soient redigés en langue anglaise. (Translation: The parties confirm that
this Agreement and all related documentation is and will be in the English language)).
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