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 Juniper Networks, Inc. and its subsidiaries (collectively "Juniper"), and 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
3.License Grant. Subject to payment of the applicable fees and the limitations and restrictions set forth herein, Juniper grants to Customer a
a.Customer shall use the Software solely as embedded in, and for execution on, Juniper equipment originally purchased by Customer from Juniper or an authorized Juniper reseller, unless the applicable Juniper documentation expressly permits installation on
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.
c.Other Juniper documentation for the Software (such as product purchase documents, documents accompanying the product, the Software user manual(s), Juniper’s website for the Software, or messages displayed by the Software) may specify limits to Customer’s use of the Software. Such limits may restrict use to a maximum number of seats, concurrent users, sessions, subscribers, nodes, or transactions, or require the purchase of separate licenses to use particular features, functionalities, or capabilities, or provide temporal or geographical limits. Customer’s use of the Software shall be subject to all such limitations and purchase of all applicable licenses.
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, 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; (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
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.
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. If the Software is distributed on physical media (such as CD), Juniper warrants for 90 days from delivery that the media on which the Software is delivered will be free of defects in material and workmanship under normal use. This limited warranty extends only to the Customer. Except as may be expressly provided in separate documentation from Juniper, no other warranties apply to the Software, and the Software is otherwise provided AS IS. Customer assumes all risks arising from use of the Software. Customer’s sole remedy and Juniper’s entire liability under this limited warranty is that Juniper, at its option, will repair or replace the media containing the Software, or provide a refund, provided that Customer makes a proper warranty claim to Juniper, in writing, within the warranty period. Nothing in this Agreement shall give rise to any obligation to support the Software. Any such support shall be governed by a separate, written agreement. To the maximum extent permitted by law, Juniper shall not be liable for any liability for 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 any Juniper or
EXCEPT AS EXPRESSLY PROVIDED HEREIN OR IN SEPARATE DOCUMENTATION PROVIDED FROM JUNIPER AND 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
