Radware Alteon Installation And Maintenance Manual page 96

Radware Alteon Installation and Maintenance Guide
discretion (the "Evaluation Period"). The evaluation copy of the Software contains a feature that
will automatically disable it after expiration of the Evaluation Period. You agree not to disable,
destroy, or remove this feature of the Software, and any attempt to do so will be a material
breach of this License Agreement. During or at the end of the evaluation period, you may
contact Radware sales team to purchase a Commercial License to continue using the Software
pursuant to the terms of this License Agreement. If you elect not to purchase a Commercial
License, You agree to stop using the Software and to delete the evaluation copy received
hereunder from all computers under your possession or control at the end of the Evaluation
Period. In any event, your continued use of the Software beyond the Evaluation Period (if
possible) shall be deemed your acceptance of a Commercial License to the Software pursuant to
the terms of this License Agreement, and You agree to pay Radware any amounts due for any
applicable license fees at Radware's then-current list prices.
3. Limitations on Use. You agree that you will not: (a) copy, modify, translate, adapt, or create
any derivative works based on the Software; or (b) sublicense or transfer the Software, or
include the Software or any portion thereof in any product; or (b) reverse assemble, decompile,
reverse engineer or otherwise attempt to derive source code (or the underlying ideas,
algorithms, structure or organization) from the Software; or (c) remove any copyright notices,
identification or any other proprietary notices from the Software (including any notices of Third
Party Software (as defined below); or (d) copy the Software onto any public or distributed
network or use the Software to operate in or as a time-sharing, outsourcing, service bureau,
application service provider, or managed service provider environment. Notwithstanding Section
3(d), if you provide hosting or cloud computing services to your customers, you are entitled to
use and include the Software in your IT infrastructure on which you provide your services.
4. Intellectual Property Rights. You acknowledge and agree that this License Agreement does
not convey to you any interest in the Software except for the limited right to use the Software,
and that all right, title, and interest in and to the Software, including any and all associated
intellectual property rights, are and shall remain with Radware or its third party licensors. You
further acknowledge and agree that the Software is a proprietary product of Radware and/or its
licensors and is protected under applicable copyright law.
5. No Warranty. The Software, and any and all accompanying software, files, libraries, data and
materials, are distributed and provided "AS IS" by Radware or by its third party licensors (as
applicable) and with no warranty of any kind, whether express or implied, including, without
limitation, any non-infringement warranty or warranty of merchantability or fitness for a
particular purpose. Neither Radware nor any of its affiliates or licensors warrants, guarantees, or
makes any representation regarding the title in the Software, the use of, or the results of the
use of the Software. Neither Radware nor any of its affiliates or licensors warrants that the
operation of the Software will be uninterrupted or error-free, or that the use of any passwords,
license keys and/or encryption features will be effective in preventing the unintentional
disclosure of information contained in any file. You acknowledge that good data processing
procedure dictates that any program, including the Software, must be thoroughly tested with
non-critical data before there is any reliance on it, and you hereby assume the entire risk of all
use of the copies of the Software covered by this License. This disclaimer of warranty constitutes
an essential and material part of this License.
In the event that, notwithstanding the disclaimer of warranty above, Radware is held liable
under any warranty provision, Radware shall be released from all such obligations in the event
that the Software shall have been subject to misuse, neglect, accident or improper installation,
or if repairs or modifications were made by persons other than by Radware's authorized service
personnel.
6. Limitation of Liability. Except to the extent expressly prohibited by applicable statutes, in no
event shall Radware, or its principals, shareholders, officers, employees, affiliates, licensors,
contractors, subsidiaries, or parent organizations (together, the "Radware Parties"), be liable for
any direct, indirect, incidental, consequential, special, or punitive damages whatsoever relating
to the use of, or the inability to use, the Software, or to your relationship with, Radware or any
of the Radware Parties (including, without limitation, loss or disclosure of data or information,
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
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Document ID: RDWR-ALOS-V2815_IG0203