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Media Flow Controller 2.0.5 Release Notes
configuration, bandwidth, interface, processing, temporal, or geographical limits. In addition, such limits may restrict the use of the Software
to managing certain kinds of networks or require the Software 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 applicable licenses.
d.
For any trial copy of the Software, Customer’s right to use the Software expires 30 days after download, installation or use of the Software.
Customer may operate 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. 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.
