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. Specifically, service provider customers are expressly prohibited from using the Global Enterprise Edition of the Steel-Belted Radius
software to support any commercial network access services.
The foregoing license is not transferable or assignable by Customer. No license is granted herein to any user who did not originally purchase the
applicable license(s) for the Software from Juniper or an authorized Juniper reseller.
4.
Use Prohibitions.
Notwithstanding 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 purposes); (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 embedded 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 license(s) and obtaining a valid
key from Juniper, even if such feature, function, 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 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.
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
