Radware Alteon Installation And Maintenance Manual page 97

Next-generation application delivery controller
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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.
7. 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 3 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 3 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.
8. 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 3-11
shall survive any termination of this License Agreement. The License under this License
Agreement is not transferable and will terminate upon transfer of the Software.
9. Export. The Software or any part thereof may be subject to export or import controls under the
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.
10. Governing Law. This License Agreement shall be construed and governed in accordance with
the laws of the State of Israel.
11. Miscellaneous. If a judicial determination is made that any of the provisions contained in this
License Agreement is unreasonable, illegal or otherwise unenforceable, such provision or
provisions shall be rendered void or invalid only to the extent that such judicial determination
finds such provisions to be unreasonable, illegal or otherwise unenforceable, and the remainder
of this License Agreement shall remain operative and in full force and effect. In any event a
party breaches or threatens to commit a breach of this License Agreement, the other party will,
in addition to any other remedies available to, be entitled to injunction relief. This License
Agreement constitutes the entire agreement between the parties hereto and supersedes all prior
agreements between the parties hereto with respect to the subject matter hereof. The failure of
any party hereto to require the performance of any provisions of this License Agreement shall in
no manner affect the right to enforce the same. No waiver by any party hereto of any provisions
or of any breach of any provisions of this License Agreement shall be deemed or construed
either as a further or continuing waiver of any such provisions or breach waiver or as a waiver of
any other provision or breach of any other provision of this License Agreement.
IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE, YOU MUST REMOVE THE
SOFTWARE FROM ANY DEVICE OWNED BY YOU AND IMMIDIATELY CEASE USING THE
SOFTWARE.
COPYRIGHT © March 25, 2012, Radware Ltd. All Rights Reserved.
Document ID: RDWR-ALOS-V2815_IG0203
Radware Alteon Installation and Maintenance Guide
97

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