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DefensePro VA Installation and Maintenance Guide
82
Document ID: RDWR-DPVA_IG2005
and/or loss of profit, revenue, business opportunity or business advantage, and/or business
interruption), whether based upon a claim or action of contract, warranty, negligence, strict
liability, contribution, indemnity, or any other legal theory or cause of action, even if advised of
the possibility of such damages. If any Radware Party is found to be liable to You or to any third-
party under any applicable law despite the explicit disclaimers and limitations under these
terms, then any liability of such Radware Party, will be limited exclusively to refund of any
license or registration or subscription fees paid by you to Radware.
10.
Third Party Software
. The Software includes software portions developed and owned by third
parties (the “Third Party Software”). Third Party Software shall be deemed part of the Software
for all intents and purposes of this License Agreement; provided, however, that in the event that
a Third Party Software is a software for which the source code is made available under an open
source software license agreement, then, to the extent there is any discrepancy or inconsistency
between the terms of this License Agreement and the terms of any such open source license
agreement (including, for example, license rights in the open source license agreement that are
broader than the license rights set forth in Section 1 above and/or no limitation in the open
source license agreement on the actions set forth in Section 6 above), the terms of any such
open source license agreement will govern and prevail. The terms of open source license
agreements and copyright notices under which Third Party Software is being licensed to
Radware or a link thereto, are included with the Software documentation or in the header or
readme files of the Software. Third Party licensors and suppliers retain all right, title and interest
in and to the Third Party Software and all copies thereof, including all copyright and other
intellectual property associated therewith. In addition to the use limitations applicable to Third
Party Software pursuant to Section 6 above, you agree and undertake not to use the Third Party
Software as a general SQL server, as a stand-alone application or with applications other than
the Software under this License Agreement.
11.
Term and Termination
. This License Agreement is effective upon the first to occur of your
opening the package of the Product, purchasing, downloading, installing, copying or using the
Software or any portion thereof, and shall continue until terminated. However, sections 5-15
shall survive any termination of this License Agreement. The Licenses granted under this License
Agreement are not transferable and will terminate upon: (i) termination of this License
Agreement, or (ii) transfer of the Software, or (iii) in the event the Software is provided as an
embedded or bundled component of another Radware Product, when the Software is unbundled
from such Product or otherwise used other than as part of such Product. If the Software is
licensed on subscription basis, this Agreement will automatically terminate upon the termination
of your subscription period if it is not extended.
12.
Export
. The Software or any part thereof may be subject to export or import controls under
applicable export/import control laws and regulations including such laws and regulations of the
United States and/or Israel. You agree to comply with such laws and regulations, and, agree not
to knowingly export, re-export, import or re-import, or transfer products without first obtaining
all required Government authorizations or licenses therefor. Furthermore, You hereby covenant
and agree to ensure that your use of the Software is in compliance with all other foreign,
federal, state, and local laws and regulations, including without limitation all laws and
regulations relating to privacy rights, and data protection. You shall have in place a privacy
policy and obtain all of the permissions, authorizations and consents required by applicable law
for use of cookies and processing of users' data (including without limitation pursuant to
Directives 95/46/EC, 2002/58/EC and 2009/136/EC of the EU if applicable) for the purpose of
provision of any services.
13.
US Government
. To the extent you are the U.S. government or any agency or instrumentality
thereof, you acknowledge and agree that the Software is a “commercial computer software” and
“commercial computer software documentation” pursuant to applicable regulations and your use
of the Software is subject to the terms of this License Agreement.
14.
Federal Acquisition Regulation (FAR)/Data Rights Notice
. Radware's commercial
computer software is created solely at private expense and is subject to Radware's commercial
license rights.
15.
Governing Law
. This License Agreement shall be construed and governed in accordance with
the laws of the State of Israel.
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