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OR SERVICES, OR FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT, THE SOFTWARE, OR
ANY JUNIPER OR JUNIPER-SUPPLIED SOFTWARE. IN NO EVENT SHALL JUNIPER BE LIABLE FOR DAMAGES ARISING FROM
UNAUTHORIZED OR IMPROPER USE OF ANY JUNIPER OR JUNIPER-SUPPLIED SOFTWARE. EXCEPT AS EXPRESSLY PROVIDED IN THE
WARRANTY STATEMENT TO THE EXTENT PERMITTED BY LAW, JUNIPER DISCLAIMS ANY AND ALL WARRANTIES IN AND TO THE
SOFTWARE (WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IN NO EVENT DOES JUNIPER WARRANT THAT THE SOFTWARE, OR ANY
EQUIPMENT OR NETWORK RUNNING THE SOFTWARE, WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR WILL BE FREE OF
VULNERABILITY TO INTRUSION OR ATTACK. In no event shall Juniper's or its suppliers' or licensors' liability to Customer, whether in contract, tort
(including negligence), breach of warranty, or otherwise, exceed the price paid by Customer for the Software that gave rise to the claim, or if the Software is
embedded in another Juniper product, the price paid by Customer for such other product. Customer acknowledges and agrees that Juniper has set its prices and
entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same reflect an allocation of risk
between the Parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential
basis of the bargain between the Parties.
9.
Termination. Any breach of this Agreement or failure by Customer to pay any applicable fees due shall result in automatic termination of the license granted
herein. Upon such termination, Customer shall destroy or return to Juniper all copies of the Software and related documentation in Customer's possession or
control.
10.
Taxes. All license fees payable under this agreement are exclusive of tax. Customer shall be responsible for paying Taxes arising from the purchase of the
license, or importation or use of the Software. If applicable, valid exemption documentation for each taxing jurisdiction shall be provided to Juniper prior to
invoicing, and Customer shall promptly notify Juniper if their exemption is revoked or modified. All payments made by Customer shall be net of any applicable
withholding tax. Customer will provide reasonable assistance to Juniper in connection with such withholding taxes by promptly: providing Juniper with valid
tax receipts and other required documentation showing Customer's payment of any withholding taxes; completing appropriate applications that would reduce the
amount of withholding tax to be paid; and notifying and assisting Juniper in any audit or tax proceeding related to transactions hereunder. Customer shall comply
with all applicable tax laws and regulations, and Customer will promptly pay or reimburse Juniper for all costs and damages related to any liability incurred by
Juniper as a result of Customer's non-compliance or delay with its responsibilities herein. Customer's obligations under this Section shall survive termination or
expiration of this Agreement.
11.
Export. Customer agrees to comply with all applicable export laws and restrictions and regulations of any United States and any applicable foreign agency or
authority, and not to export or re-export the Software or any direct product thereof in violation of any such restrictions, laws or regulations, or without all
necessary approvals. Customer shall be liable for any such violations. The version of the Software supplied to Customer may contain encryption or other
capabilities restricting Customer's ability to export the Software without an export license.
12.
Commercial Computer Software. The Software is "commercial computer software" and is provided with restricted rights. Use, duplication, or disclosure by the
United States government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7201 through 227.7202-4, FAR 12.212, FAR
27.405(b)(2), FAR 52.227-19, or FAR 52.227-14(ALT III) as applicable.
13.
Interface Information. To the extent required by applicable law, and at Customer's written request, Juniper shall provide Customer with the interface
information needed to achieve interoperability between the Software and another independently created program, on payment of applicable fee, if any. Customer
shall observe strict obligations of confidentiality with respect to such information and shall use such information in compliance with any applicable terms and
conditions upon which Juniper makes such information available.
14.
Third Party Software. Any licensor of Juniper whose software is embedded in the Software and any supplier of Juniper whose products or technology are
embedded in (or services are accessed by) the Software shall be a third party beneficiary with respect to this Agreement, and such licensor or vendor shall have
the right to enforce this Agreement in its own name as if it were Juniper. In addition, certain third party software may be provided with the Software and is subject
to the accompanying license(s), if any, of its respective owner(s). To the extent portions of the Software are distributed under and subject to open source licenses
obligating Juniper to make the source code for such portions publicly available (such as the GNU General Public License ("GPL") or the GNU Library General
Public License ("LGPL")), Juniper will make such source code portions (including Juniper modifications, as appropriate) available upon request for a period of
up to three years from the date of distribution. Such request can be made in writing to Juniper Networks, Inc., 1194 N. Mathilda Ave., Sunnyvale, CA 94089,
ATTN: General Counsel. You may obtain a copy of the GPL at http://www.gnu.org/licenses/gpl.html, and a copy of the LGPL at http://www.gnu.org/licenses/
lgpl.html.
15.
Miscellaneous. This Agreement shall be governed by the laws of the State of California without reference to its conflicts of laws principles. The provisions of the
U.N. Convention for the International Sale of Goods shall not apply to this Agreement. For any disputes arising under this Agreement, the Parties hereby consent
to the personal and exclusive jurisdiction of, and venue in, the state and federal courts within Santa Clara County, California. This Agreement constitutes the
entire and sole agreement between Juniper and the Customer with respect to the Software, and supersedes all prior and contemporaneous agreements relating to
the Software, whether oral or written (including any inconsistent terms contained in a purchase order), except that the terms of a separate written agreement
executed by an authorized Juniper representative and Customer shall govern to the extent such terms are inconsistent or conflict with terms contained herein. No
modification to this Agreement nor any waiver of any rights hereunder shall be effective unless expressly assented to in writing by the party to be charged. If any
portion of this Agreement is held invalid, the Parties agree that such invalidity shall not affect the validity of the remainder of this Agreement. This Agreement
and associated documentation has been written in the English language, and the Parties agree that the English version will govern. (For Canada: Les parties aux
présentés confirment leur volonté que cette convention de même que tous les documents y compris tout avis qui s'y rattaché, soient redigés en langue anglaise.
(Translation: The parties confirm that this Agreement and all related documentation is and will be in the English language)).
IV
Media Flow Controller Administrator's Guide
Copyright © 2010, Juniper Networks, Inc.
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