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|
END USER LICENSE AGREEMENT
DOC-0355-16
IMPORTANT " READ BEFORE INSTALLING OR OPERATING THIS PRODUCT
YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE BY INSTALLING,
HAVING INSTALLED, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU
DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE.
This End User License Agreement ("License") applies to the software
product(s) ("Software") you have licensed from us whether on
a stand-alone basis or as part of any hardware ("Hardware") you
purchase from us, (the Hardware and Software together, the "Product").
This License is a legal agreement between us and the single entity
that has licensed the Software from us ("you"). All references to
"F5," "we" or "us" in this License will be deemed to be a reference
to the applicable F5 entity as follows: (a) if your primary place of
business is located in the European Economic Area, the Middle East
or Africa ("EMEA"), the F5 entity is F5 Networks Ltd.; (b) if your
primary place of business is located in the Asia- Pacific region
("APAC"), the F5 entity is F5 Networks Singapore Pte Ltd; and (c)
if your primary place of business is located in a region outside of
EMEA or APAC, the F5 entity is F5 Networks, Inc.
1. Grant of Rights.
(a) License. Subject to your compliance with the terms of this
License, we grant to you a limited, non- exclusive, non-transferable,
non-sublicensable license to install, use, access, display, and run
the Software in object code form for your internal business purposes
during the Term.
(b) Documentation. You may use the user manuals, technical manuals,
and any other materials provided by us, in printed or electronic
form, that describe the installation, operation, use or technical
specifications of the Software ("Documentation") solely in support
of the licensed use of the Software in accordance with this License.
(c) Reservation of Rights. Other than as specifically described herein,
we retain all right, title and interest in our trademarks, patents,
copyrights, trade secrets or other intellectual property rights not
granted herein.
2. Term. The Software is licensed to you on either a subscription
or perpetual basis in accordance with the terms of this Section 2
("Term"):
(a) Nginx Software Term. Unless otherwise set forth in an agreement
between us and you, NGINX Software is licensed to you for the
subscription term set forth in the applicable purchase order or
quote ("Initial Subscription Term"). Upon expiration of your Initial
Subscription Term, your subscription will automatically renew for
additional one-year terms unless either party provides written notice
of nonrenewal at least 30 days prior to the end of the then-current
term, or unless earlier terminated in accordance with Section 11. NGINX
Software is not licensed on a perpetual basis.
(b) F5 Software Term. F5 Software is licensed to you on either a
perpetual or subscription basis, and with respect to the latter,
as further set forth in the Program Terms or an addendum hereto.
(c) Program Terms. Subscriptions for F5 Software and NGINX Software
may be licensed subject to specific program terms identified at
https://www.f5.com/pdf/customer-support/program-terms.pdf ("Program
Terms").
3. Restrictions.
(a) Compliance with Sales Documentation. Your use of the Software must
comply with this License, applicable Documentation, purchase order,
quote and the license file for such Software (collectively, "Sales
Documentation"), including, but not limited to, any restrictions on the
number of protected applications, number or type of licensed devices,
number of authorized copies or instances, number of users, bandwidth,
non-production use, database or location restrictions. We reserve
the right to audit your use of the Software (or authorize third party
auditors to conduct such an audit on our behalf) and to disable any
application or functionality that has not been specifically licensed,
in addition to any other rights and remedies available to us.
(b) Versions. Your use of the Software under this License may
be limited to certain versions, as set forth in the applicable
Sales Documentation (for example, a "version plus" license may be
limited to certain number of major updates). To the extent your
Sales Documentation contains such limitations, your use of versions
or releases of the Software that are not contemplated in your Sales
Documentation is prohibited and shall be considered a material breach
of this License.
(c) Nontransferability. Unless otherwise set forth in an agreement
between you and us, Software that you obtain as part of the Product
is not transferable to other Hardware, third-party hardware, or any
virtualized environment.
(d) Licensed Features. For Software provided in stand-alone form
(for example, a virtual machine image), each instance of the Software
requires a valid license key issued to you by F5 or an authorized
sub-licensor and you may only use the Software for the duration
that the license key permits. F5 employs mechanisms in the Software
in order to ensure that you are only able to access the Software
features that you have licensed.
(e) Other Restrictions. Except as otherwise expressly permitted in
this License, you will not yourself, or through any parent, subsidiary,
affiliate, agent or other third party:
(1) copy (except to make one archival copy for backup and disaster
recover purposes), modify or create derivative works of the Software
or Documentation;
(2) sell, sub-license, rent, service bureau, grant usage rights
or transfer the Software, any data incorporated into the Software
("Data") or any associated Documentation to any third-party not
authorized by us;
(3) disassemble, reverse compile or reverse engineer the Software or
any Data or encourage others to do so except as required by law for
interoperability purposes, and then only after you have given us an
opportunity to provide information or software necessary to resolve
such interoperability issues;
(4) defeat, circumvent or disable any reporting mechanism, copy
protection mechanism or mechanism in the Software used to limit
license duration or access to non-licensed functionality or capacity.
Violation of any of the restrictions contained in this Section
3(e) is a material breach of this
License.
(f) Software Specific Restrictions.
(1) Non-Production Use Software. If you purchase a Product or
license Software designated as "non-production," "non-commercial,"
"lab" or "development" in the applicable Sales Documentation for such
Product or Software ("Non-Production Software"), you may use the
Non-Production Software to conduct testing and development in your
non-production environment only and may not manage or protect data
traffic or applications in the ordinary course of your business. Any
use of Non-Production Software in violation of the preceding sentence
is a material breach of this License.
(2) Evaluation Software. If the Software is "Evaluation Software,"
notwithstanding any other terms to the contrary in this License,
you may use the Software only for your internal demonstration,
test or evaluation purposes and not in a production environment.
NOTWITHSTANDING ANY TERMS TO THE CONTRARY IN THIS LICENSE, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, FOR EVALUATION SOFTWARE AND IT IS
PROVIDED ON AN "AS IS" BASIS. Evaluation software has a non-perpetual
duration-limited license that will "time-out" and disable the software
upon expiration of the evaluation period. You will not attempt to defeat
or circumvent any duration mechanism for Evaluation Software and you will
not use any Evaluation Software beyond the prescribed license duration.
(3) Software Hosted in a Public Cloud. If you use the Software in
a public cloud environment, you may only use the Software in object
code form in the cloud provider"s ("Cloud Provider") environment.
In accordance with Section 3(e), you may not copy any portion of the
Software out of the Cloud Provider environment. Each instance of
the Software running in the Cloud Provider"s environment requires its
own license key when you are using a bring-your-own- license offering
from the Cloud Provider. If you are using a utility offering (e.g.,
hourly) from the Cloud Provider, each instance is licensed and paid for
separately within the Cloud Provider"s infrastructure. IN ADDITION TO
THE DISCLAIMERS SET FORTH IN SECTION 8(d) BELOW, AND NOTWITHSTANDING
ANY TERMS TO THE CONTRARY IN THIS LICENSE OR ANY REPRESENTATIONS OR
WARRANTIES OF THE APPLICABLE CLOUD OR SIMILAR ENVIRONMENT, SOFTWARE
PROVIDED BY A CLOUD PROVIDER AND NOT OBTAINED FROM F5 IS PROVIDED
"AS IS" AND POSSIBLY WITH FAULTS.
4. Third Party Materials.
(a) Open Source Components. Certain portions of the Software contain
open source software ("Open Source Components") that are licensed
under the terms of the applicable open source licenses ("Open Source
Licenses"). You are bound by and shall comply with the Open Source
Licenses. A listing of the Open Source Components, and links to the
Open Source Licenses, can be found in the Documentation. You may
reference the applicable Product"s Open Source Notices and Software
Acknowledgments document at http://askf5.com. To the extent the
terms of the Open Source Licenses require us to make available to
you the corresponding source code and/or modifications (the "Open
Source Code"), you may obtain a copy of the applicable Open Source
Code from its current location at https://downloads.f5.com, or by
sending us a written request with your name and address to the notice
address specified in Section 13(b). All requests should identify:
the Open Source Code that you are requesting, the applicable Software
(and any available version information) that you have licensed from us
in connection with the requested Open Source Code, your email contact
information, and the postal address for delivery of the requested Open
Source Code to you. This offer to obtain a copy of the Open Source
Code is valid for three (3) years from the date you have licensed
the Software.
(b) Restricted Third Party Software. Certain portions of the Software
include third-party software modules, and are subject to additional
limitations set forth in this Section 4(b) imposed by those licensors
("Restricted Third-Party Software"). Certain portions of the Software
may include geographical or other data ("Geographical Data"). You
agree that you will only use such Restricted Third-Party Software or
Geographical Data in conjunction with the Product and not as standalone
software. You will not (A) copy the Restricted Third-Party Software
or Geographical Data onto any public or distributed network; (B) use
the Restricted Third-Party Software or Geographical Data separately
to operate in or as a time-sharing, outsourcing, service bureau,
application service provider or managed service provider environment;
(C) use the Restricted Third-Party Software or Geographical Data as
a general server, as a standalone application or with applications
other than the Software under this license; (D) change any proprietary
rights notices which appear in the Restricted Third-Party Software or
Geographical Data; or (E) modify the Restricted Third-Party Software
or Geographical Data.
(c) ModSecurity Software. In connection with your Nginx Software
license, you may have the option to license ModSecurity software
("ModSecurity Module") as an optional add-on. The ModSecurity
Module is not "Software" as such term is defined herein. If
applicable, the ModSecurity Module will be provided by us with
the applicable Nginx Software; provided that the licensing
of the ModSecurity Module is subject to the terms set forth at
http://www.apache.org/licenses/LICENSE- 2.0 and is not subject to
the terms of this License. Therefore, we will have no liability
with respect to the licensing and use of the ModSecurity Module,
including, without limitation, any warranty or indemnification
obligations. Notwithstanding the foregoing, we will provide support for
the ModSecurity Module under the terms of this License. Notwithstanding
any contrary provision in this License, support for the ModSecurity
software will be provided as described in Section 12(a).
5. Collection and Use of Information.
(a) Product Information. You consent and agree to the collection
and use of certain information about your Product, including, but
not limited to, Hardware serial number, appliance part number, disk
configuration, memory amount, as well as periodic updates for software,
databases, etc. You further consent and agree that the Product
may collect, use, transmit to us, process and maintain information
related to the Product for purposes of providing the Software and any
features therein. Information collected by the Product and transmitted
to us may also include technical or diagnostic information related to
your use that may be used by us to support, improve and enhance our
products and services. You may opt out of the collection and use of
such information by configuring the Product to disable these features.
(b) Data Collection and Sharing. In the event that we have
access to your end users" personal information, we will use it
in accordance with the applicable Privacy Policy (available at
https://www.f5.com/company/policies/privacy-notice for F5 Software
and https://www.nginx.com/privacy-policy for Nginx Software).
6. Export Control. Our standard Products incorporate cryptographic
software. You agree to comply with the Export Controls Reform Act
of 2018, and all regulations promulgated under the Act, all economic
sanctions issued or administered by the Office of Foreign Asset Control
of the U.S. Department of Treasury, and all other U.S. government
regulations relating to the export of technical data and equipment
and products produced therefrom which are applicable to you. You
further agree not to disclose or transmit to us any information that
requires that access to such information be limited to U.S. Nationals
or personnel based in a certain country or region. In countries
other than the U.S., you agree to comply with the local regulations
regarding importing, exporting or using cryptographic software. You
agree that you will not export or re-export the Product to any country,
person, or entity subject to U.S. export restrictions. Specifically,
you agree not to export or re-export the Product: (a) to any country
to which the U.S. has embargoed or restricted the export of goods or
services, or to any national of any such country, wherever located,
who intends to transmit or transport the Product back to such country;
(b) to any person or entity who you know or have reason to know will
utilize the Product or portion thereof in the design, development
or production of nuclear, chemical or biological weapons; or (c) to
any person or entity who has been prohibited from participating in
U.S. export transactions by any federal agency of the U.S. government,
including but not limited to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Department of
Commerce's Table of Denial Orders. By installing or using the Product,
you represent and warrant that you are not located in, under control
of, or a national or resident of any such country or on any such list.
7. Notice to U.S. Government End Users. The Software and
Documentation qualify as "commercial items," as that term is defined in
Federal Acquisition Regulation ("FAR") 48 C.F.R. 2.101, and consists
of "commercial computer software" and "commercial computer software
documentation" as such terms are used in FAR 12.212. Consistent
with FAR 12.212 and DoD FAR Supp. 227.7202-1 through 227.7202-4,
and notwithstanding any other FAR or other contractual clause to the
contrary in any agreement into which this License may be incorporated,
you may provide to a government end user or, if this License is direct,
government end user will acquire, the Software and Documentation with
only those rights set forth in this License. Use of either the Software
or Documentation or both constitutes agreement by the government that
the Software and Documentation are "commercial computer software"
and "commercial computer software documentation" and constitutes
acceptance of the rights and restrictions herein.
8. Limited Warranty, Exclusive Remedy, and Disclaimer.
(a) Limited Warranty. We warrant that for a period of ninety (90)
days from the date of shipment (the "Warranty Period"): (1) the media
on which the Software is furnished will be free of defects in materials
and workmanship under normal use; and (2) the Software substantially
conforms to the Documentation. THE FOREGOING WARRANTIES DO NOT APPLY,
AND WE STRICTLY DISCLAIM ALL WARRANTIES, WITH RESPECT TO OPEN-SOURCE
COMPONENTS.
(b) Remedy. Your exclusive remedy under this limited warranty is
that during the Warranty Period at no cost to you, we, at our option,
will replace defective media or Documentation or, at our option,
undertake reasonable efforts to modify or replace the Software to
correct any substantial non- conformance with the Documentation.
(c) Restrictions. The foregoing limited warranties extend only to
the original licensee, and do not apply if the Software:
(1) has been altered, except by us or a representative designated by
us or in accordance with our instructions;
(2) has not been installed, operated, repaired, or maintained in
accordance with our instructions;
(3) has been subjected to abnormal physical or electrical stress,
misuse, negligence or accident; or
(4) has been operated outside of the environmental specifications
for the Software.
Our limited software warranty applies only to the initial sale of
the Product, and is not applicable to any corrections or upgrades
that may be issued thereafter.
(d) Disclaimer. EXCEPT FOR THE WARRANTIES SPECIFICALLY DESCRIBED
IN SECTION 8(a) ABOVE, WE AND OUR LICENSORS DISCLAIM ANY AND ALL
WARRANTIES AND GUARANTEES, EXPRESS, IMPLIED OR OTHERWISE, ARISING,
WITH RESPECT TO THE SOFTWARE, PRODUCTS, DATA, SPECIFICATIONS, OR
DOCUMENTATION DELIVERED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE
WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT OR TITLE
AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE
IS PROVIDED "AS IS". IN NO EVENT DO WE WARRANT THAT THE SOFTWARE IS
ERROR FREE, THAT IT WILL OPERATE WITH ANY SOFTWARE OR HARDWARE OTHER
THAN THAT PROVIDED BY US OR SPECIFIED IN THE DOCUMENTATION, OR THAT
THE SOFTWARE WILL SATISFY YOUR OWN SPECIFIC REQUIREMENTS. WE MAKE
NO WARRANTY CONCERNING THE COMPLETENESS OR ACCURACY OF THE DATA OR
INFORMATION OBTAINED OR DERIVED THROUGH THE USE OF THE DATA INCLUDED IN
THE SOFTWARE AND THE DATA IS PROVIDED "AS IS". WE HAVE NOT AUTHORIZED
ANYONE TO MAKE ANY REPRESENTATIONS OR WARRANTIES OTHER THAN AS PROVIDED
ABOVE OR TO OTHERWISE MODIFY THE TERMS OF THIS LICENSE.
9. Infringement Indemnity.
(a) Infringement Defense. We will, at our expense, defend any suit
brought against you by an unaffiliated third party based upon a
claim that the Software infringes a valid patent, trademark or
copyright or misappropriates a third-party trade secret. The terms
"misappropriation" and "trade secret" are used as defined in the
Uniform Trade Secrets Act, except in case of claims arising under any
claim governed by the laws of any jurisdiction outside the United
States, in which case "misappropriation" will mean intentionally
unlawful use and "trade secret" will mean "undisclosed information" as
specified in Article 39.2 of the Trade-Related Aspects of Intellectual
Property Rights (TRIPS) agreement. We will pay costs and damages
(including reasonable attorneys" fees) finally awarded against you,
or agreed in settlement by us, directly attributable to any such
claim and will bear all reasonable costs of the investigation and
defense of the claim, but only on condition that (1) you notify us
in writing of such claim promptly following receipt of notice, (2)
we have sole control of the defense and settlement negotiations,
(3) you provide us all information and communications received by
you concerning such claim, and (4) you provide reasonable assistance
to us when requested. You will have the right to participate in the
defense with counsel of your own choosing at your expense; provided
that such representation does not interfere with our right to control
the defense.
(b) Exclusive Liability. We will have the right, at our option
and expense, to (1) obtain for you rights to use the Software, (2)
replace or modify the Software so that it becomes non-infringing
or (3) accept return of the Software, upon which the applicable
license(s) will terminate, in exchange for a credit not to exceed
the purchase price paid by you for such Software based upon a three
(3) year straight line depreciation. The foregoing, subject to the
restrictions set forth in Section 10 below, states our exclusive
liability to you concerning infringement.
(c) Restrictions. We will have no liability for any claim of
infringement based on (1) use of a superseded release of the Software
where the subsequent release is equally available to you at no cost
and is non-infringing; (2) use of the Software in combination with
equipment or software not supplied by us (including Open Source
Components) where the Software would not itself be infringing; (3)
use of the Software in an application or environment not described in
the Documentation; (4) software or technology not developed by us;
(5) Software that has been altered or modified in any way by anyone
other than us or our authorized agents; (6) your continued use of the
Software after we notify you to discontinue use due to such a claim;
or (7) any other use of the Software in violation of the terms of
this Agreement.
10. DISCLAIMER; LIMITATION OF REMEDY. WE AND OUR LICENSORS WILL
NOT HAVE ANY OBLIGATION OR LIABILITY, WHETHER ARISING IN CONTRACT
(INCLUDING WARRANTY), TORT (INCLUDING ACTIVE, PASSIVE OR IMPUTED
NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) OR OTHERWISE FOR ANY
PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT
DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF DATA,
LOSS OF REPUTATION, BUSINESS INTERRUPTION, LOSS OF REVENUE, LOSS OF
BUSINESS, LOST PROFITS, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN
CONNECTION WITH THE SOFTWARE OR OTHER GOODS OR SERVICES FURNISHED TO
YOU BY US, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE
EXTENT PERMITTED BY LAW, OUR LICENSORS WILL NOT HAVE ANY LIABILITY
FOR ANY DIRECT DAMAGES OF ANY KIND UNDER THIS LICENSE. SUBJECT TO
THE FOREGOING, THE COLLECTIVE LIABILITY OF US AND OUR LICENSORS (a)
FOR PERPETUAL LICENSED SOFTWARE LICENSED UNDER THIS LICENSE WILL BE
LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE AND (b) FOR SOFTWARE OTHER
THAN PERPETUAL LICENSED SOFTWARE WILL BE LIMITED TO THE AMOUNT PAID FOR
THE SOFTWARE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE
TO THE CLAIM. THE LIMITATIONS CONTAINED IN THIS SECTION WILL APPLY
NOTWITHSTANDING ANY FAILURE OF AN ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY PROVIDED UNDER ANY TERM OF THIS LICENSE. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. IN THOSE JURISDICTIONS, SUCH INAPPLICABILITY
WILL NOT AFFECT THE REMAINDER OF THE PROVISIONS IN THIS SECTION.
11. Termination. The license granted in Section 1 will automatically
terminate if you fail to comply with any of the terms and conditions
set forth herein. Upon termination or expiration of the license,
you will stop all instances running in your private network and
destroy any copies of the Software and Documentation in such network
(and all copies or portions thereof) and stop all instances of the
Software running in a Cloud Provider environment.
12. Support. Maintenance and support under this License is dependent
upon the type of software licensed hereunder, as further described
in this Section 12:
(a) Support for Nginx Software. During the Term, we will
provide maintenance and support for all Nginx Software. Our
maintenance and support obligations for the Nginx Software
shall be subject to the support policies available at
http://nginx.com/legal/support-services-addendum/.
(b) Support for F5 Software. Unless otherwise provided as
part of the Sales Documentation, maintenance and support of
all F5 Software is not provided under this License and must be
purchased separately subject to our support policies available at
https://www.f5.com/services/support/support-offerings/support-policies.
If you have purchased maintenance and support for a Product, the
term Software under this License will include, subject to Section
4(b), all updates and corrections we make publicly available at
no additional cost (collectively "Updates"); provided that you are
otherwise entitled to access and use such Updates pursuant to the
applicable maintenance and support contract. You may only use the
Updates on Products for which you are the original end user or other
Products which include F5 Software to which you hold a valid license,
and only on equipment for which you have purchased maintenance and
support. Permissible upgrades for virtual edition licenses are further
described at https://support.f5.com/csp/article/K15643.
(c) Professional Services. Professional and consulting services are
not included as part of maintenance and support and are provided
under a separate agreement or statement of work.
13. General
(a) Governing Law and Dispute Resolution.
(1) This License shall be governed by and construed in accordance
with the governing law ("Governing Law"), set forth in the list
below corresponding to the applicable licensing F5 entity, without
regard to its choice of law rules. The United Nations Convention
on Contracts for the International Sale of Goods and the Uniform
Computer Information Transactions Act, in whatever form adopted,
will not apply to this License, is expressly and entirely excluded,
and the parties specifically opt out of the application of such laws.
Entity: F5 Networks Singapore Pte Ltd; Governing Law: The laws of
Singapore; Seat of Arbitration: Singapore
Entity: F5 Networks Ltd.; Governing Law: The laws of England and
Wales; Seat of Arbitration: London, England
Entity: F5 Networks, Inc.; Governing Law: The laws of the State of
Washington; Seat of Arbitration: Seattle, Washington
(2) Except for Excluded Claims (defined below), all disputes arising
out of or in connection with this License, including any question
regarding its formation, existence, validity or termination,
shall be finally settled under the Rules of Arbitration of the
International Chamber of Commerce by one or more arbitrators appointed
in accordance with the said Rules. Any dispute concerning the scope or
applicability of this agreement to arbitrate shall be finally settled
by the arbitrator(s). The seat, or legal place, of arbitration shall
be as set forth in the table above corresponding to the applicable
licensing F5 entity. The language of the arbitration shall be English.
The arbitration award shall be final and binding on the parties, and
the parties undertake to carry out any award without delay. Judgment
upon the award rendered by the arbitrator(s) may be entered in any
court having jurisdiction thereof. The arbitrator(s) shall award
to the prevailing party, if any, as determined by the arbitrator(s),
all of its reasonable costs and fees.
(3) "Excluded Claims" means any dispute, claim or action concerning the
validity, enforceability, infringement, misappropriation or violation
of our intellectual property rights or those of our licensors and
all such Excluded Claims shall be brought in any court of competent
jurisdiction.
(b) Notice. Notices under this License shall be sufficient only if in
writing and personally delivered, delivered by a major commercial rapid
delivery courier service or mailed by certified or registered mail,
return receipt requested. Notices to you shall be addressed to the
address listed in the applicable purchase order or quote. Notices to F5
shall be addressed to the addresses set forth opposite the applicable
F5 entity below, or as amended by notice pursuant to this subsection.
F5 entity: Address for Notices: With a copy to: F5 Networks Singapore
Pte. Ltd. F5 Networks Singapore Pte. Ltd. Attn: Legal Dept.
5 Temasek Boulevard 08-01/02/05 Suntec Tower 5 Singapore 038985
Singapore
F5 Networks, Inc. Attn: Legal Dept. 801 5th Ave. Seattle, WA 98104
USA F5 Networks Ltd. F5 Networks, Ltd. Attn: Legal Dept. Chertsey
Gate West 43-47 London Street Chertsey Surrey KT16 8AP United Kingdom
F5 Networks, Inc. Attn: Legal Dept. 801 5th Ave. Seattle, WA
98104 USA F5 Networks, Inc. F5 Networks, Inc. Attn: Legal Dept.
801 5th Ave. Seattle, WA 98104 USA
(c) Miscellaneous. If either party is unable to perform any of its
obligations under this License, other than payment obligations, due
to any cause beyond the reasonable control of such party, the affected
party"s performance shall be extended for the period of its inability
to perform due to such occurrence. This License and the rights and
obligations herein may not be assigned or transferred, in whole or in
part, by you without the prior written consent of F5. Any assignment
in violation of this provision is void and without effect. In the
case of any permitted assignment or transfer under this License, this
License or the relevant provisions shall be binding upon, and inure to
the benefit of, the successors and permitted assigns of the parties. No
provision of, right or privilege under this License shall be deemed
to have been waived by any act, delay, omission or acquiescence on the
part of any party, its agents or employees, but only by an instrument
in writing duly executed by both parties. No waiver by any party of
any breach or default of any provision of this License by the other
party shall be effective as to any other breach or default, whether
of the same or any other provision and whether occurring prior to,
concurrent with, or subsequent to the date of such waiver.
Headings and captions used in this License are for convenience only
and are not to be used in the interpretation of this License. If
any provision of this License is held to be invalid, illegal or
unenforceable in any respect, that provision shall be limited or
eliminated to the minimum extent necessary so that this License
otherwise remains in full force and effect and enforceable. This
License together with the applicable Sales Documentation and all other
documents that are incorporated by reference herein, constitute the
entire agreement between the parties relating to the subject matter
hereof and supersede all proposals, understandings, or discussions,
whether written or oral, relating to the subject matter of this
License and all past dealing or industry custom.
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