END USER SOFTWARE LICENSE IMPORTANT – READ BEFORE INSTALLING OR OPERATING THIS PRODUCT 1. Scope. This License applies to the software product you have licensed from F5 (Product) and any published corrections, updates, new releases and new versions of such software. This License is a legal agreement between F5 and the single entity (Licensee) that has acquired Product from F5 under applicable terms and conditions. The Product incorporates certain third party software programs that F5 has full rights to license in conjunction with the F5 product hereunder. 2. License Grant. Subject to the terms of this License, F5 grants to Licensee a non-exclusive, non-transferable license to use the Product in object code form. Other than as specifically described herein, no right or license is granted to Licensee to any of F5’s trademarks, copyrights, or other intellectual property rights. The Product incorporates certain third party software, which is used subject to licenses from the respective owners. The protections given to F5 under this License also apply to the suppliers of this third party software, who are intended third party beneficiaries of this License. 3. Restrictions; Remote Access. The Product, documentation and the associated copyrights and other intellectual property rights are owned by F5 or its licensors, and are protected by law and international treaties. Licensee may not copy or reproduce the Product, and may not copy or translate the written materials without F5’s prior, written consent. Licensee may not copy, modify, reverse compile or reverse engineer the Product, or sell, sub-license, rent or transfer the Product or any associated documentation to any third party. For the 3-DNS Product only: The 3-DNS Product includes third party software (NameSurfer) licensed from F-Secure. Licensee may populate the NameSurfer DNS database with no more than 100 IP addresses. For the FirePass Product only: To ensure proper configuration and maintenance of the Product, F5 or its designated licensors may have access to the administration page and secure shell (SSH) access to the Product. The SSH access will be available to the personnel of F5 or its designate licensors strictly on a need-to-use basis and will be used solely and exclusively for the purposes of monitoring, configuring and maintaining the Product. The SSH access is based on a private key/public key infrastructure where F5 or its designated licensor will possess the sole private key. 4. Export Control. F5’s standard Product incorporates cryptographic software. Licensee agrees to comply with the Export Administration Act, the Export Control Act, all regulations promulgated under such Acts, and all other US government regulations relating to the export of technical data and equipment and products produced therefrom, which are applicable to Licensee. In countries other than the US, Licensee agrees to comply with the local regulations regarding importing, exporting or using cryptographic software. 5. Limited Warranty. F5 warrants that for a period of 90 days from the date of shipment: (i) the media on which the Product is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Product substantially conforms to its published specifications. Except for the foregoing, the Product is provided AS IS. In no event does F5 warrant that the Product is error free, that it will operate with any software or hardware other than that provided by F5 or specified in the documentation, or that the Product will satisfy Licensee’s own specific requirements. Remedy. Licensee’s exclusive remedy and the entire liability of F5 under this limited warranty and any other guarantee made by F5 is, at F5’s option, to repair or replace any Product that fails during the warranty period at no cost to Licensee. F5 will replace defective media or documentation or, at its option, undertake reasonable efforts to modify the Product to correct any substantial non-conformance with the specifications. Restrictions. The foregoing limited warranties extend only to the original Licensee, and do not apply if the Product (a) has been altered, except by F5, (b) has not been installed, operated, repaired, or maintained in accordance with F5’s instructions, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence or accident or (d) has been operated outside of the environmental specifications for the Product. F5’s limited software warranty does not apply to software corrections or upgrades. 6. Infringement Indemnity. F5 will, at its expense, defend any suit brought against Licensee based upon a claim that the Product as delivered by F5 directly infringes a valid patent or copyright. F5 will pay costs and damages finally awarded against Licensee directly attributable to any such claim, but only on condition that (a) F5 is notified promptly in writing of such claim by Licensee, (b) F5 has sole control of the defense and settlement negotiations, (c) Licensee provides F5 all information and communications received by Licensee concerning such claim, and (d) Licensee provides reasonable assistance to F5 when requested. F5 will have the right, at its option and expense, (i) to obtain for Licensee rights to use the Product, (ii) to replace or modify the Product so it becomes non-infringing, or (iii) to accept return of the Product in exchange or for a credit not to exceed the purchase price paid by Licensee for such Product. The foregoing, subject to the following restrictions, states the exclusive liability of F5 to Licensee concerning infringement. Restrictions. F5 will have no liability for any claim of infringement based on: (i) use of a superseded or altered release of the Product, (ii) use of the Product in combination with equipment or software not supplied or specified by F5 in the Product documentation where the Product would not itself be infringing, (iii) use of the Product in an application or environment not described in the Product documentation or (iv) Product that has been altered or modified in any way by anyone other than F5 or according to F5’s instructions. 7. U.S. Government Restricted Rights. The Product was developed at private expense and is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the government is subject to restrictions as set forth in FAR 52.227-14 and DFARS 252.227-7013 et. seq. or its successor. The use of this Product by the government constitutes acknowledgment of F5’s and its licensors’ rights in the Product. 8. DISCLAIMER; LIMITATION OF REMEDY. EXCEPT FOR THE WARRANTIES SPECIFICALLY DESCRIBED HEREIN, F5 AND ITS THIRD PARTY LICENSORS DISCLAIM ANY AND ALL WARRANTIES AND GUARANTEES, EXPRESS, IMPLIED OR OTHERWISE, ARISING, WITH RESPECT TO THE PRODUCT, SPECIFICATIONS, SUPPORT OR SERVICES DELIVERED HEREUNDER, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. NEITHER F5 NOR ITS THIRD PARTY LICENSORS HAVE AUTHORIZED ANYONE TO MAKE ANY REPRESENTATIONS OR WARRANTIES OTHER THAN AS PROVIDED ABOVE. THE COLLECTIVE LIABILITY OF F5 AND ITS THIRD PARTY LICENSORS UNDER THIS LICENSE WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCT. NEITHER F5 AND ITS THIRD PARTY LICENSORS NOR LICENSEE WILL 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 SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF REVENUE, LOSS OF BUSINESS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR OTHER GOODS OR SERVICES FURNISHED TO LICENSEE BY F5, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 9. Termination. The license granted in Section 2 is effective until terminated, and will automatically terminate if Licensee fails to comply with any of its provisions. Upon termination, Licensee will destroy the Product and documentation and all copies or portions thereof. 10. Miscellaneous. This License will be governed by the laws of the State of Washington, USA without regard to its choice of law rules. The provisions of the U.N. Convention for the International Sale of Goods will not apply. Any provisions found to be unenforceable will not affect the enforceability of the other provisions contained herein, but will instead be replaced with a provision as similar in meaning to the original as possible. This License constitutes the entire agreement between the parties with regard to its subject matter. No modification will be binding unless in writing and signed by the parties. 11. Acknowledgements. The Product includes software developed by the Apache Group for use in the Apache HTTP server project (http://www.apache.org/). Copyright (c) 1995-1999 The Apache Group. All rights reserved. The Product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/), Copyright (c) 1998-1999 The OpenSSL Project. All rights reserved. The Product includes cryptographic software written by Eric Young (eay@cryptsoft.com), Copyright (c) 1995-1998 Eric Young. All rights reserved. The Product includes software developed by Ralf S. Engelschall rse@engelschall.com for use in the mod_ssl project (http://www.modssl.org/), Copyright (c) 1998-1999 Ralf S. Engelschall. All rights reserved.