Radware AppDirector OnDemand Switch VL Installation And Maintenance Manual page 82

AppDirector Installation and Maintenance Guide
Radware Ltd. End User License Agreement
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 5 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 5 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.
10. 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 4-14
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 un-bundled
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.
11. 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.
12. 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 is subject to the terms of this License Agreement.
13. Governing Law. This License Agreement shall be construed and governed in accordance with
the laws of the State of Israel.
14. 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.
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Document ID: RDWR_APD_IG_1304