Juniper Networks 10.4

Softwarein any manner that extendsor is broader than the uses purchased by Customer from Juniper or an authorized Juniper reseller;(i)

useEmbedded Software on non-Juniper equipment; (j) use Embedded Software(or make it available for use) on Juniper equipment that

theCustomer did not originally purchasefrom Juniper or an authorized Juniper reseller; (k) disclose the results of testing or benchmarking

ofthe Software toany third party without the prior written consent of Juniper; or (l) use the Software in any manner other than as expressly

providedherein.

5. Audit.Customer shall maintain accuraterecords as necessary to verify compliancewith this Agreement. Upon request by Juniper,

Customershall furnish such records toJuniper and certify its compliance with this Agreement.

6. Confidentiality.TheParties agree that aspects of the Softwareand associated documentation are the confidential property of Juniper.

Assuch, Customer shall exerciseall reasonable commercial efforts tomaintain the Software and associated documentation in confidence,

whichat a minimum includes restrictingaccess to the Software to Customeremployees and contractors having a needto use the Software

forCustomer’s internal business purposes.

7. Ownership.Juniperand Juniper ’slicensors, respectively, retainownership of all right, title, and interest (including copyright) in and to

theSoftware, associateddocumentation, and all copies of the Software. Nothing in this Agreement constitutesa transfer or conveyance

ofany right, title, or interest in the Softwareor associated documentation, or a sale of the Software,associated documentation, or copies

ofthe Software.

8. Warranty,Limitationof Liability, Disclaimer of Warranty.The warranty applicableto the Software shall be as set forth in the warranty

statementthataccompaniesthe Software (the “Warranty Statement”).Nothing in this Agreement shall give rise to any obligationto support

theSoftware. Support services maybe purchased separately.Any such support shall be governed by a separate, written support services

agreement.TO THE MAXIMUM EXTENT PERMITTED BYLAW, JUNIPER SHALL NOT BE LIABLE FOR ANY LOSTPROFITS, LOSS OF DATA,

ORCOSTSORPROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,OR FOR ANY SPECIAL, INDIRECT,OR CONSEQUENTIAL DAMAGES

ARISINGOUTOF THIS AGREEMENT,THE SOFTWARE, OR ANY JUNIPER OR JUNIPER-SUPPLIED SOFTWARE.IN NO EVENT SHALL JUNIPER

BELIABLE FOR DAMAGES ARISING FROM UNAUTHORIZEDOR IMPROPER USE OF ANY JUNIPER OR JUNIPER-SUPPLIED SOFTWARE.

EXCEPTAS EXPRESSLYPROVIDED IN THE WARRANTY STATEMENTTOTHE EXTENT PERMITTED BY LAW, JUNIPER DISCLAIMSANY

ANDALL WARRANTIES IN AND TOTHE SOFTWARE (WHETHER EXPRESS, IMPLIED, STATUTORY,OROTHERWISE), INCLUDING ANY

IMPLIEDWARRANTY OF MERCHANTABILITY,FITNESS FOR A PARTICULARPURPOSE, OR NONINFRINGEMENT.IN NO EVENT DOES

JUNIPERWARRANT THATTHE SOFTWARE, OR ANY EQUIPMENT OR NETWORK RUNNING THE SOFTWARE,WILL OPERATE WITHOUT

ERROROR INTERRUPTION, OR WILL BE FREE OF VULNERABILITY TOINTRUSION OR ATTACK.In no event shall Juniper’s or its suppliers’

orlicensors’ liability to Customer,whether in contract, tort (including negligence), breachof warranty, or otherwise, exceed the pricepaid

byCustomer for the Softwarethat gave rise to the claim, or if the Software is embeddedin another Juniper product, the price paid by

Customerfor such other product. Customeracknowledges and agrees that Juniper has set its pricesand entered into this Agreement in

relianceupon the disclaimers of warrantyand the limitations of liability set forth herein, that the same reflect an allocationof risk between

theParties (including the risk that a contractremedy may fail of its essential purpose and cause consequential loss), and thatthe same

forman essential basis of the bargain betweenthe Parties.

9. Termination.Anybreach of this Agreement or failure by Customerto pay any applicable fees due shall result in automatictermination

ofthe license granted herein. Upon such termination,Customer shall destroy or return to Juniper all copies of the Softwareand related

documentationin Customer’s possession or control.

10. Taxes.Alllicense fees payable under this agreement areexclusive of tax. Customer shall be responsible for payingTaxes arising from

thepurchase of the license, or importationor use of the Software. If applicable, valid exemption documentationfor each taxing jurisdiction

shallbe provided to Juniper prior to invoicing,and Customer shall promptly notify Juniper if their exemption is revoked or modified.All

paymentsmade by Customer shall be net of anyapplicable withholding tax. Customer will provide reasonableassistance to Juniper in

connectionwith such withholding taxesby promptly: providing Juniper with valid tax receipts and other requireddocumentation showing

Customer’spayment of any withholding taxes;completing appropriate applications thatwould reduce the amount of withholding tax to

bepaid; and notifying and assisting Juniper in any audit or tax proceedingrelated to transactions hereunder.Customer shall comply with

allapplicable tax lawsand regulations, and Customer will promptly pay or reimburseJuniper for all costs and damages related to any

liabilityincurred by Juniper as a resultof Customer’s non-compliance or delay with its responsibilities herein. Customer’sobligations under

thisSection shall survive termination or expirationof this Agreement.

11. Export.Customer agrees to complywith all applicable export laws and restrictions and regulationsof any United States and any

applicableforeign agencyor authority, and not to export or re-export the Software or any directproduct thereof in violation of any such

restrictions,laws or regulations,or without all necessary approvals. Customer shall be liablefor any such violations. The version of the

Softwaresupplied to Customermay contain encryption or other capabilities restricting Customer’s ability to export the Softwarewithout

anexport license.