Juniper Networks ERX-1410 - Manual (Page 7)

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
export or import regulations in other countries. You agree to comply strictly with all such regulations
and acknowledge that you have the responsibility to obtain licenses to export, re-export, or import
Software.
9. Government Licensees: If any Software or associated documentation is acquired by or on
behalf of a unit or agency of the United States government, the government agrees that such
Software or documentation is a “commercial item” as that term is defined in 48 C.F.R. 2.101,
consisting of “commercial computer software” or “commercial computer software documentation” as
such terms are used in 48 C.F.R. 12.212 of the Federal Acquisition Regulations and its successors
and 48 C.F.R. 227.7202-1 through 227.7202-4 of the DoD FAR Supplement and its successors. The
use, duplication, or disclosure by the United States government of technical, data, computer software
and documentation is subject to the restrictions set forth in FAR section 12.212(a), FAR section
52.227-14(g)(2), FAR section 52.227-19, DFARS section 252.227-7015(b), DFARS section
227.7202-1(a), and DFARS section 227.7202-3(a), as applicable. All United States government end
users acquire the Software with only the rights set forth in this License Agreement.
10. General: This License shall be governed by and construed in accordance with the laws of the
Commonwealth of Massachusetts, United States of America, as if performed wholly within the state
and without giving effect to the principles of conflict of law. Any dispute arising out of this Agreement
shall be referred to an arbitration proceeding in Boston, Massachusetts, in accordance with the
commercial arbitration rules of the American Arbitration Association (the “AAA”). If the parties cannot
agree upon an arbitrator, arbitration shall be conducted by a neutral arbitrator selected by the AAA
who is knowledgeable in electronics equipment manufacturing and software licensing. The parties
shall share the procedural costs of arbitration equally, and each party shall pay its own attorneys'
fees and other costs and expenses associated with the arbitration, unless the arbitrator decides
otherwise. The arbitrator's award shall be in writing and shall include a statement of reasons, but the
arbitrator shall not be permitted to award punitive or indirect damages. The arbitrator's decision and
award shall be final and binding and may be entered in any court having jurisdiction. The terms of
this section shall not prevent any party from seeking injunctive relief in any court of competent
jurisdiction in order to protect its proprietary and confidential information. If any term or provision
hereof is found to be void or unenforceable by a court of competent jurisdiction, the remaining
provisions of this License Agreement shall remain in full force and effect. This License Agreement
constitutes the entire agreement between the parties with respect to the use of the Software and
User Documentation and supersedes any and all prior oral or written agreements, discussions,
negotiations, commitments, or understandings. No amendment, modification, or waiver of any
provision of this License Agreement will be valid unless in writing and signed by the authorized
representative of the party against which such amendment, modification, or waiver is sought to be
enforced. The waiver by either party of any default or breach of this License Agreement shall not
constitute a waiver of any other or subsequent default or breach. This License Agreement shall be
binding upon the parties and their respective successors and permitted assigns.
Should you have any questions about this agreement, please contact:
Juniper Networks, Inc.
1194 North Mathilda Avenue
Sunnyvale, CA 94089
Attn: Contracts Administrator