Radware AppDirector OnDemand Switch VL Installation And Maintenance Manual page 81

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 5(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. It is hereby clarified that the prohibitions on modifying, or
creating derivative works based on, any Software provided by Radware, apply whether the
Software is provided in a machine or in a human readable form. Human readable Software to
which this prohibition applies includes (without limitation) "Radware AppShape++ Script Files"
that contain "Special License Terms". It is acknowledged that examples provided in a human
readable form may be modified by a user.
6. 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.
7. 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. Radware does not make any
representation or warranty, nor does Radware assume any responsibility or liability or provide
any license or technical maintenance and support for any operating systems, databases,
migration tools or any other software component provided by a third party supplier and with
which the Software is meant to interoperate.
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.
8. 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
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.
9. 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
Document ID: RDWR_APD_IG_1304
AppDirector Installation and Maintenance Guide
Radware Ltd. End User License Agreement
81