Juniper Networks ERX-1410 - Manual (Page 6)

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 straight-line depreciation over a five-year useful life. Notwithstanding the
preceding sentence, Juniper Networks will have no liability for any infringement or misappropriation
claim of any kind if such claim is based on: (i) the use of other than the current unaltered release of
the Program and Juniper Networks has provided or offers to provide such release to you for its then
current license fee, or (ii) use or combination of the Program with programs or data not supplied or
approved by Juniper Networks if such use or combination caused the claim.
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.