must return the Software, including any User Documentation, and all copies or portions thereof to Juniper Networks. Termination of this License Agreement shall not prejudice Juniper Networks' rights to damages or other available remedy.
5.Limited Software Warranty: Juniper Networks warrants, for your benefit alone, that for a period of ninety (90) days from the date of shipment from Juniper Networks that the Software substantially conforms to its published specifications.
The limited warranty extends only to you as the original licensee. Your exclusive remedy and the entire liability of Juniper Networks and its suppliers under this limited warranty will be, at Juniper Networks' option, repair or replacement of the Software, or refund of the amounts paid by you under this License Agreement. You agree that this is your sole and exclusive remedy for breach by Juniper Networks, its suppliers or its licensors of any warranties made under this License Agreement.
In no event does Juniper Networks warrant that the Software is error free or that you will be able to operate the Software without problems or interruptions. Juniper Networks does not warrant: 1) that the functions contained in the software will meet your requirements; 2) that the Software will operate in the hardware or software combination that you may select; 3) that the operation of the Software will be uninterrupted or error free; or 4) that all defects in the operation of the Software will be corrected.
This warranty does not apply if the product: 1) has been altered, except by Juniper Networks; 2) has not been installed, operated, repaired, or maintained in accordance with instruction supplied by Juniper Networks; or 3) has been subjected to or damaged by improper environment, abuse, misuse, accident, or negligence.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE SOFTWARE IS LICENSED “AS IS,” AND JUNIPER NETWORKS DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS, CONDITIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES FOR NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ANY AND ALL SUCH WARRANTIES ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. JUNIPER NETWORKS' SUPPLIERS AND LICENSORS DO NOT MAKE OR PASS ON TO YOU OR ANY THIRD PARTY ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTY OR REPRESENTATION, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES FOR NONINFRINGEMENT.
6.Proprietary Rights Indemnification. Juniper Networks shall at its expense defend you against and, subject to the limitations set forth elsewhere herein, pay all costs and damages made in settlement or awarded against you resulting from a claim that the Program as supplied by Juniper Networks infringes a United States copyright or a United States patent, or misappropriates a United States trade secret, provided that you: (a) provide prompt written notice of any such claim, (b) allow Juniper Networks to direct the defense and settlement of the claim, and (c) provide Juniper Networks with the authority, information, and assistance that Juniper Networks reasonably deems necessary for the defense and settlement of the claim. You shall not consent to any judgment or decree or do any other act in compromise of any such claim without first obtaining Juniper Networks’ written consent. In any action based on such a claim, Juniper Networks may, at its sole option, either: (1) obtain for you the right to continue using the Program, (2) replace or modify the Program to avoid the claim, or (3) if neither (1) nor (2) can reasonably be effected by Juniper Networks, terminate the license granted hereunder and give you a pro rata refund of the license fee paid for such Program, calculated on the basis of
7.Limitation of Liability. IN NO EVENT WILL JUNIPER NETWORKS OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY COST FOR SUBSTITUTE PROCUREMENT; SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; OR ANY DAMAGES RESULTING FROM INACCURATE OR LOST DATA OR LOSS OF USE OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE SOFTWARE, EVEN IF JUNIPER NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Juniper Networks' cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this License Agreement shall not exceed the total fees paid to Juniper Networks for the Software.
8.Export Control. Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to
