End User License Agreement - Juniper MEDIA FLOW CONTROLLER 2.0.4 Installation Manual

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Media Flow Controller and Media Flow Manager Installation Guide

End User License Agreement

READ THIS END USER LICENSE AGREEMENT ("AGREEMENT") BEFORE DOWNLOADING, INSTALLING, OR USING THE SOFTWARE. BY
DOWNLOADING, INSTALLING, OR USING THE SOFTWARE OR OTHERWISE EXPRESSING YOUR AGREEMENT TO THE TERMS CONTAINED
HEREIN, YOU (AS CUSTOMER OR IF YOU ARE NOT THE CUSTOMER, AS A REPRESENTATIVE/AGENT AUTHORIZED TO BIND THE CUSTOMER)
CONSENT TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT OR CANNOT AGREE TO THE TERMS CONTAINED HEREIN, THEN (A) DO NOT
DOWNLOAD, INSTALL, OR USE THE SOFTWARE, AND (B) YOU MAY CONTACT JUNIPER NETWORKS REGARDING LICENSE TERMS.
1.
The Parties. The parties to this Agreement are (i) Juniper Networks, Inc. (if the Customer's principal office is located in the Americas) or Juniper Networks
(Cayman) Limited (if the Customer's principal office is located outside the Americas) (such applicable entity being referred to herein as "Juniper"), and (ii) the
person or organization that originally purchased from Juniper or an authorized Juniper reseller the applicable license(s) for use of the Software ("Customer")
(collectively, the "Parties").
2.
The Software. In this Agreement, "Software" means the program modules and features of the Juniper or Juniper-supplied software, for which Customer has paid
the applicable license or support fees to Juniper or an authorized Juniper reseller, or which was embedded by Juniper in equipment which Customer purchased
from Juniper or an authorized Juniper reseller. "Software" also includes updates, upgrades and new releases of such software. "Embedded Software" means
Software which Juniper has embedded in or loaded onto the Juniper equipment and any updates, upgrades, additions or replacements which are subsequently
embedded in or loaded onto the equipment.
3.
License Grant. Subject to payment of the applicable fees and the limitations and restrictions set forth herein, Juniper grants to Customer a non-exclusive and
non-transferable license, without right to sublicense, to use the Software, in executable form only, subject to the following use restrictions:
a.
Customer shall use Embedded Software solely as embedded in, and for execution on, Juniper equipment originally purchased by Customer from Juniper or
an authorized Juniper reseller.
b.
Customer shall use the Software on a single hardware chassis having a single processing unit, or as many chassis or processing units for which Customer
has paid the applicable license fees; provided, however, with respect to the Steel-Belted Radius or Odyssey Access Client software only, Customer shall
use such Software on a single computer containing a single physical random access memory space and containing any number of processors. Use of the
Steel-Belted Radius or IMS AAA software on multiple computers or virtual machines (e.g., Solaris zones) requires multiple licenses, regardless of whether
such computers or virtualizations are physically contained on a single chassis.
c.
Product purchase documents, paper or electronic user documentation, and/or the particular licenses purchased by Customer may specify limits to
Customer's use of the Software. Such limits may restrict use to a maximum number of seats, registered endpoints, concurrent users, sessions, calls,
connections, subscribers, clusters, nodes, realms, devices, links, ports or transactions, or require the purchase of separate licenses to use particular features,
functionalities, services, applications, operations, or capabilities, or provide throughput, performance, configuration, bandwidth, interface, processing,
temporal, or geographical limits. In addition, such limits may restrict the use of the Software to managing certain kinds of networks or require the Software
to be used only in conjunction with other specific Software. Customer's use of the Software shall be subject to all such limitations and purchase of all
applicable licenses.
d.
For any trial copy of the Software, Customer's right to use the Software expires 30 days after download, installation or use of the Software. Customer may
operate the Software after the 30-day trial period only if Customer pays for a license to do so. Customer may not extend or create an additional trial period
by re-installing the Software after the 30-day trial period.
e.
The Global Enterprise Edition of the Steel-Belted Radius software may be used by Customer only to manage access to Customer's enterprise network.
Specifically, service provider customers are expressly prohibited from using the Global Enterprise Edition of the Steel-Belted Radius software to support
any commercial network access services.
The foregoing license is not transferable or assignable by Customer. No license is granted herein to any user who did not originally purchase the applicable
license(s) for the Software from Juniper or an authorized Juniper reseller.
4.
Use Prohibitions. Notwithstanding the foregoing, the license provided herein does not permit the Customer to, and Customer agrees not to and shall not: (a)
modify, unbundle, reverse engineer, or create derivative works based on the Software; (b) make unauthorized copies of the Software (except as necessary for
backup purposes); (c) rent, sell, transfer, or grant any rights in and to any copy of the Software, in any form, to any third party; (d) remove any proprietary notices,
labels, or marks on or in any copy of the Software or any product in which the Software is embedded; (e) distribute any copy of the Software to any third party,
including as may be embedded in Juniper equipment sold in the secondhand market; (f) use any 'locked' or key-restricted feature, function, service, application,
operation, or capability without first purchasing the applicable license(s) and obtaining a valid key from Juniper, even if such feature, function, service,
application, operation, or capability is enabled without a key; (g) distribute any key for the Software provided by Juniper to any third party; (h) use the Software
in any manner that extends or is broader than the uses purchased by Customer from Juniper or an authorized Juniper reseller; (i) use Embedded Software on non-
Juniper equipment; (j) use Embedded Software (or make it available for use) on Juniper equipment that the Customer did not originally purchase from Juniper or
an authorized Juniper reseller; (k) disclose the results of testing or benchmarking of the Software to any third party without the prior written consent of Juniper;
or (l) use the Software in any manner other than as expressly provided herein.
5.
Audit. Customer shall maintain accurate records as necessary to verify compliance with this Agreement. Upon request by Juniper, Customer shall furnish such
records to Juniper and certify its compliance with this Agreement.
6.
Confidentiality. The Parties agree that aspects of the Software and associated documentation are the confidential property of Juniper. As such, Customer shall
exercise all reasonable commercial efforts to maintain the Software and associated documentation in confidence, which at a minimum includes restricting access
to the Software to Customer employees and contractors having a need to use the Software for Customer's internal business purposes.
7.
Ownership. Juniper and Juniper's licensors, respectively, retain ownership of all right, title, and interest (including copyright) in and to the Software, associated
documentation, and all copies of the Software. Nothing in this Agreement constitutes a transfer or conveyance of any right, title, or interest in the Software or
associated documentation, or a sale of the Software, associated documentation, or copies of the Software.
8.
Warranty, Limitation of Liability, Disclaimer of Warranty. The warranty applicable to the Software shall be as set forth in the warranty statement that
accompanies the Software (the "Warranty Statement"). Nothing in this Agreement shall give rise to any obligation to support the Software. Support services may
be purchased separately. Any such support shall be governed by a separate, written support services agreement. TO THE MAXIMUM EXTENT PERMITTED
BY LAW, JUNIPER SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA, OR COSTS OR PROCUREMENT OF SUBSTITUTE GOODS
OR SERVICES, OR FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, OR
III

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