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iv Copyright © 2010, Juniper Networks, Inc.
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 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)).