END USER LICENSE AGREEMENT DOC-0355-18 IMPORTANT " READ BEFORE INSTALLING OR USING 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 license from us on a stand-alone basis or as part of hardware devices ("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 ("you"). "F5," "we," or "us" refers to the applicable F5 entity as follows: (a) if your primary place of business is located in Europe, 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, Inc. 1. Grant of Rights. (a) License. Subject to your compliance with this License, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to install, use, access, and display the Software in object code form for your internal business purposes during the license term. (b) Documentation. You may use the user manuals, technical manuals, license file, sales materials, your quote, and any other materials provided by us, in printed or electronic form, that describe, restrict, or enable 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 in this License, we retain all right, title, and interest in the Software, our trademarks, patents, copyrights, trade secrets, and other intellectual property rights. 2. Term. The Software is licensed to you on a subscription or perpetual basis in accordance with this section, and such license may be terminated as described in this License. (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 quote (the "Initial Subscription Term"). Upon expiration of the Initial Subscription Term, your subscription for NGINX Software will automatically renew for additional one-year terms unless either party provides written notice of non-renewal at least 30 days prior to the end of the then-current term, or unless earlier terminated as permitted in this License. NGINX Software is not licensed on a perpetual basis. (b) F5 Software Term. F5 Software is licensed to you on either a subscription or perpetual basis as set forth in the Documentation. (c) Program Terms. Software subscriptions and certain Software consumption models may be subject to specific program terms available at https://www.f5.com/pdf/customer-support/program-terms.pdf (or any successor website designated by us) or in another written agreement between you and F5 (the "Program Terms"). The Program Terms are incorporated into this License. In the event of a conflict between this License and the Program Terms, the Program Terms will control with respect to the applicable Software. (d) Use by Affiliates. All usage rights for the Software granted to you under this License shall extend to your Affiliates provided that: (i) use of the Software by your Affiliates is in accordance with this License; (ii) your usage rights shall not constitute a right to sublicense the Software; and (iii) the Software shall remain under your control at all times. You will be responsible for your Affiliates" use of the Software. "Affiliate(s)" means, with respect to either party, any company, corporation, partnership or other entity, directly or indirectly, controlling, controlled by, or under common control with, such party where "control" is defined as having rights to more than 50% of the equity, ownership or voting rights for such entity. 3. Restrictions. (a) Compliance with the Documentation. Your use of the Software must comply with this License and the applicable 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 (or a third party authorized by us) may review your use of Software and/or require you to use license management or reporting tools or Software components to provide us with true, accurate, and timely reports regarding your use of the Software. In addition to other available rights and remedies, we may disable your use of Software that does not comply with the Documentation. (b) Versions. Your use of the Software may be limited to certain versions, as set forth in the applicable Documentation (for example, a "version plus" license may be limited to a certain number of major updates). If the Documentation contains such limitations, your use of versions or releases of Software not permitted in the Documentation is prohibited. (c) Non-transferability. Unless otherwise set forth in the Documentation or in a separate agreement between you and us, you may not transfer or attempt to transfer Software licensed for use on Hardware to other Hardware (including third-party hardware) or to any virtualized computing environment. (d) Licensed Features. Software provided in stand-alone form (for example, a virtual machine image) requires a valid license"key or other identifying token ("Token") issued to you by F5 or an F5 authorized reseller, and you may use the Software only for the duration permitted by the license key or Token. F5 may employ mechanisms in the Software designed to ensure that you are only able to access licensed Software and features."Except for Non-Production Software and Evaluation Software (both as defined below), if your license key or Token allows you to deploy or use Software or features prior to executing an order for such Software or features, you agree to submit payment for the use of such Software or features in accordance with your payment terms with F5 or your F5 authorized reseller. (e) Other Restrictions. Except as otherwise expressly permitted in this License, you must not, and must not allow any parent, subsidiary, affiliate, agent, or third party to: (1) copy (except to make one archival copy for backup and disaster recovery purposes), modify, or create derivative works of the Software or Documentation; (2) sell, sub-license, rent, provide access as a service bureau, grant usage rights, or transfer or assign the Software, any data incorporated into the Software, or any Documentation to any third party; (3) disassemble, decompile, reverse engineer, or otherwise derive or attempt to derive the source code of the Software or any data incorporated into the Software except as required by law for interoperability purposes, and then only after you have given us an opportunity to resolve any interoperability issue; (4) defeat, circumvent, or disable any reporting, copy protection, or other mechanism in the Software used to limit usage in accordance with this License and applicable Documentation. (f) Software Specific Restrictions. (1) Use of Non-Production and Evaluation Software. Software designated as "non-production," "non-commercial," "lab," or "development" in the applicable Documentation ("Non-Production Software") may be used only to conduct testing and development in your non-production environment and may not manage or protect data traffic or applications in the ordinary course of your business. Software designated as "evaluation," "test," "trial," or similar in the applicable Documentation ("Evaluation Software") may be used only for your internal demonstration, test, or evaluation purposes and not in a production environment. Evaluation Software has a non-perpetual time-limited license that, depending on the Software, will disable the Evaluation Software upon expiration of the evaluation period. You will not use any Evaluation Software after the expiration of the evaluation period. NOTWITHSTANDING ANY TERMS TO THE CONTRARY IN THIS LICENSE, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, FOR NON-PRODUCTION AND EVALUATION SOFTWARE AND IT IS PROVIDED ON AN "AS IS" BASIS. (2) Software Hosted in a Public Cloud. If you use the Software in a public cloud environment, you may use the Software only in object code form in an F5 authorized cloud provider"s ("Cloud Provider") environment. 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 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, you will purchase licenses or subscriptions from the Cloud Provider"s marketplace. IN ADDITION TO THE OTHER DISCLAIMERS SET FORTH IN THIS LICENSE, AND NOTWITHSTANDING ANY TERMS TO THE CONTRARY IN THIS LICENSE OR ANY REPRESENTATIONS OR WARRANTIES OF A CLOUD PROVIDER, SOFTWARE PROVIDED BY A CLOUD PROVIDER AND NOT OBTAINED FROM F5 IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES. 4. Third Party Materials. (a) Open Source Components. Portions of the Products contain open source software ("Open Source Components") 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 is included in the Documentation. You may reference the applicable Product"s open source notices and software acknowledgments at http:// my.f5.com. If the terms of the Open Source Licenses require us to make available the corresponding source code and/or modifications (the "Open Source Code"), you may obtain the Open Source Code at https://my.f5.com (or any successor website designated by us) or by sending a written request to us at the notice address specified in this License. All requests should identify the requested Open Source Code, the applicable Product (and any available version information) licensed from us in connection with the requested Open Source Code, your name, email address, and the postal address for delivery of the requested Open Source Code. You must request a copy of the Open Source Code within three (3) years of the date you accepted this License. (b) Third-Party Software and Geographic Data. Portions of the Software include third-party software modules and are subject to additional limitations in this Section imposed by those third-party licensors ("Third-Party Software") and may include geographic or other data ("Geographic Data"). You will not (1) copy the Third-Party Software or Geographic Data onto any public or distributed network; (2) use the Third-Party Software or Geographic Data separately to operate in or as a time-sharing, outsourcing, service bureau, application service provider, or managed service provider environment; (3) use the Third-Party Software or Geographic Data as a general server, as a standalone application, or with applications other than the Software in accordance with this License; (4) change any proprietary rights notices in the Third-Party Software or Geographic Data; or (5) modify the Third-Party Software or Geographic Data. 5. Collection and Use of Product Information. You consent to the collection and use of certain information about your Products, 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 that the Products may collect, use, transmit to us, process, and maintain information related to the Products for purposes of providing the Software and any features therein, determining fees in accordance with the Documentation and Program Terms, and verifying or enforcing compliance with the Documentation. Information collected by the Products 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. Depending on the Product and/or licensed pricing tier for such Product, you may be permitted to opt out of the collection and use of such information by configuring the Product to disable these features. 6. Export Control." Our Products incorporate dual-use cryptography."You agree to comply with the Export Controls Reform Act of 2018 and all regulations promulgated thereunder, and all economic sanctions issued or administered by the Office of Foreign Assets Control of the U.S. Department of Treasury."In countries other than the U.S., you also agree to comply with the local regulations regarding the import, export, or use of products containing dual-use cryptography. 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. 7. Notice to U.S. Government End Users. The Software and Documentation are "commercial products," as defined in Federal Acquisition Regulation ("FAR") 48 C.F.R. 2.101 and consist 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 contrary provision in any agreement into which this License may be incorporated, you may provide to a government end user or, if this License is granted directly to a government end user, you will acquire, the Software and Documentation with only those rights set forth in this License. Use of the Software and/or Documentation constitutes an agreement by the government that the Software and Documentation are "commercial computer software" and "commercial computer software documentation," and constitutes your acceptance of the rights and restrictions herein. 8. Limited Warranty, Exclusive Remedy, and Disclaimer. (a) Limited Warranty. We warrant that for a period of 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 term "shipment" means, with regard to Software installed on Hardware, the date of shipment of the Hardware, and for stand-alone Software, the latter of the date a license key or Token for the Software is made available or the date set forth in the applicable Documentation. THE FOREGOING WARRANTIES DO NOT APPLY TO, AND WE DISCLAIM ALL WARRANTIES WITH RESPECT TO, OPEN SOURCE COMPONENTS. (b) Exclusive Remedy. Your exclusive remedy under this limited warranty is that, during the Warranty Period and at no cost to you we will, at our option, either replace defective media or Documentation, or undertake reasonable efforts to modify or replace the Software to correct any material 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, updated, or maintained in accordance with our instructions; (3) has been subjected to abnormal conditions, misuse, negligence, or accident; or (4) has been operated outside of the environmental specifications for the Software. Our limited 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 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." WE DO NOT 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 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 on 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 governed by the laws of any jurisdiction outside the United States, in which case "misappropriation" means intentionally unlawful use and "trade secret" means "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, provided 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 all information and communications concerning such claim; and (4) you provide reasonable assistance when requested. You may participate in the defense with counsel of your choice at your expense, provided that such representation does not interfere with our right to control the defense. (b) Exclusive Liability. We will, at our option and expense, (1) obtain rights for you to use the Software; (2) replace or modify the Software so that it becomes non-infringing; or (3) terminate the applicable license(s) and accept confirmation of the Software"s destruction in exchange for a credit: (i) for perpetually licensed Software, not to exceed the purchase price paid by you for such Software based upon a three (3) year straight line depreciation, and (ii) for subscription Software, for the pre-paid, unused portion of the fees paid for the subscription Software, calculated monthly. The remedies in this section, subject to all other restrictions and liability limitations and exclusions herein, state our exclusive liability to you concerning infringement and misappropriation. (c) Restrictions. We will not be liable for any claim of infringement based on (1) use of a superseded release of the Software where the subsequent release is 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 Product 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 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 License. 10. EXCLUSIONS AND LIMITATIONS OF LIABILITY. (a) Indirect and Consequential Damages. NEITHER PARTY WILL HAVE ANY 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, LOSS OF USE, DAMAGE TO, LOSS OF, OR CORRUPTION OF DATA (WHETHER DIRECT OR INDIRECT, AND WHETHER OR NOT CONSTITUTING TANGIBLE PROPERTY DAMAGE), LOSS OF REPUTATION, BUSINESS INTERRUPTION, LOSS OF REVENUE, LOSS OF BUSINESS, LOST PROFITS, ANTICIPATED SAVINGS, 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. (b) Direct Damages. THE COLLECTIVE, AGGREGATE LIABILITY FOR EACH PARTY UNDER THIS LICENSE WILL NOT EXCEED: (a) FOR PERPETUALLY LICENSED SOFTWARE, THE AMOUNT PAID FOR THE SOFTWARE; AND (b) FOR SOFTWARE OTHER THAN PERPETUALLY LICENSED SOFTWARE, THE AMOUNT PAID FOR THE SOFTWARE IN THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. (c) Disclaimer; Exclusions. THE LIMITATIONS AND EXCLUSIONS CONTAINED IN THIS SECTION WILL APPLY NOTWITHSTANDING ANY FAILURE OF AN ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED UNDER ANY TERM OF THIS LICENSE. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION WILL NOT APPLY TO: (a) YOUR BREACH OF SECTION 3 (RESTRICTIONS); (b) YOUR PAYMENT OBLIGATIONS, IF ANY, TO US; (c) YOUR MISUSE OR MISAPPROPRIATION OF OUR INTELLECTUAL PROPERTY, INCLUDING TRADE SECRETS; (d) EITHER PARTY"S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR (e) DAMAGES THAT CANNOT BE EXCLUDED AS A MATTER OF APPLICABLE LAW. TO THE EXTENT PERMITTED BY LAW, OUR LICENSORS WILL NOT HAVE ANY LIABILITY FOR ANY DIRECT DAMAGES OF ANY KIND UNDER THIS LICENSE. 11. Termination. Either party may terminate this License by written notice to the other party if the other party materially breaches this License and, with regard to breaches that are capable of cure, such breach remains uncured for 30 days after the non-breaching party provides written notice, or immediately upon written notice for breaches that are incapable of cure. Upon termination or expiration of this 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. Software maintenance and support is dependent upon the type of software licensed hereunder and is subject to our support policies available at https://www.f5.com/services/support/support-offerings/support-policies (or any successor website designated by us). Unless otherwise described in the Documentation or Program Terms, maintenance and support of for Software is not provided under this License and must be purchased separately. If you purchase maintenance and support for a Product, the term "Software" as used herein includes, all updates and corrections we make publicly available at no additional cost (collectively "Updates") during the period you purchase maintenance and support. You may use Updates only for the term that the Software is validly licensed to you. 13. General. (a) Governing Law and Dispute Resolution. (1) This License is governed by and construed in accordance with the governing law ("Governing Law") set forth in the table 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:Governing Law:Seat of Arbitration:F5 Networks Singapore Pte. Ltd.The laws of SingaporeSingapore F5 Networks, Ltd. The laws of the Republic of Ireland Dublin, IrelandF5, Inc. The laws of the State of WashingtonSeattle, 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 is 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), 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 may be brought in any court of competent jurisdiction. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY KNOWINGLY AND UNCONDITIONALLY AGREES TO WAIVE ANY RIGHT TO HAVE A JURY PARTICIPATE IN THE RESOLUTION OF ANY EXCLUDED CLAIM. (b) Notice. Notices given in connection with this License will be in writing and personally delivered, delivered by a major rapid delivery 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 delivered to the addresses for the applicable F5 entity below, or as amended by notice as indicated in this subsection. 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, Inc. Attn: Legal Dept. 801 5th Ave. Seattle, WA 98104 USAF5 Networks, Ltd.F5 Networks, Ltd. Attn: Legal Dept. Chertsey Gate West 43-47 London Street Chertsey Surrey KT16 8AP United Kingdom F5, Inc. Attn: Legal Dept. 801 5th Ave. Seattle, WA 98104 USAF5, Inc.F5, Inc. Attn: Legal Dept. 801 5th Ave. Seattle, WA 98104 USA (c) Miscellaneous. If either party is unable to perform any obligation 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 our prior written consent. Any assignment in violation of this provision is void and without effect. Upon any permitted assignment or transfer, 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, right, or privilege shall be waived by any act, delay, omission, or acquiescence by any party or a party"s agents or employees and may be waived only by a written instrument executed by both parties. No waiver of any breach or default of this License 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 such waiver. Headings and captions are for convenience only and are not to be used in its interpretation. If any provision 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 effect and fully enforceable. This License, together with the applicable Documentation and all other documents incorporated by reference herein, constitute the entire agreement between the parties relating to the subject matter hereof and supersedes all proposals, understandings, or discussions, whether written or oral, relating to the subject matter of this License (including, without limitation, any additional terms or conditions that are included or referenced in any of your purchase orders, which are expressly rejected and are not enforceable) and all past dealing or industry custom.