SOFTWARE: The Product incorporates proprietary software and technology, including any updates, upgrades and additional modules that may be provided by Infoblox for use with the Product (collectively, "Software"). Infoblox and its licensors retain all title and intellectual property rights in and to the Software and documentation provided. The Software is licensed only; no title in or to the Software is assigned or transferred. You do not have any license or right to use any update, upgrade or additional module unless You have a valid license to the original Software and have paid all applicable fees; use of updates, upgrades and additional modules is limited to Products for which You are the original end user purchaser, lessee or transferee authorized by Infoblox. The Product also contains open source and/or publicly available content under separate license; a list of content and applicable licenses is included in the Product documentation.
LIMITED LICENSE: Subject to Your compliance with all the terms and conditions of this Agreement, Infoblox grants You a non-exclusive, non-transferable license ("License"), to operate the Software for which You have paid the applicable license fees only as embedded in or installed on the Products. Installation and operation of some software modules may be limited or require purchase of a separate license from Infoblox; You are only licensed to install and operate the Software as indicated on the applicable order. If Infoblox provides any client or other software for installation on equipment not provided by Infoblox, then such software may only be used in connection with the Software and other Infoblox products. The License shall automatically terminate upon a breach of these terms and conditions. The License may not be transferred or assigned by the original end user purchaser except with the express consent of Infoblox, which may be withheld in Infoblox's sole discretion. If Infoblox has provided the Software under this Agreement for replacement of a previous installation of Infoblox software, then upon installation of the replacement Software, Your license to the previous software will terminate and You must delete and cease all use of the previous software.
RESTRICTIONS: You shall have no right to and shall not directly or indirectly (a) transfer, assign or sublicense, rent, lend, lease, or otherwise distribute the License, Software, or Product to any other person or entity, or use the Software on unauthorized or second hand equipment, and any attempted transfer, assignment or sublicense shall be void; (b) copy, modify, transfer, or extract any Software from the Product, (c) reverse engineer, decompile, disassemble or otherwise seek to discover any underlying source code or algorithms of the Software or Product, except to the limited extent that applicable law expressly prohibits reverse engineering restrictions, (d) modify or alter the Software or Product, (e) use the Software or Product for purposes of competing with Infoblox, including competitive analysis or marketing, or (f) use the Software or Product except in accordance with the documentation provided by Infoblox. The Product is designed to be serviced by trained technicians only; opening the Product casing or otherwise altering the Product may void any applicable warranty and support obligations. The Software (including related user interfaces and documentation) incorporate Infoblox confidential and trade secret information and shall not be disclosed to third parties other than affiliates and contractors using the Software on Your behalf that are subject to written obligations of confidentiality, provided You shall remain responsible for such parties complying with the terms and restrictions of this Agreement.
NO SUPPORT: Purchase of the Product does not include Infoblox support. If You wish to receive support, You must obtain support for the Product(s) and Software separately from Infoblox or an authorized support provider. Support may not be available for transferred or obsolete Products or Software. Support may not be transferred without the express written consent of Infoblox, which may be withheld in Infoblox's sole discretion.
NO WARRANTY; DISCLAIMER: These license terms do not include any warranty regarding the Infoblox Products, Software or related services. If a limited warranty is made available to You, it will be set forth in a separate written agreement with Infoblox or an authorized warranty service provider. Any applicable warranty that may be provided by Infoblox extends only to the original end user purchaser. Infoblox has not authorized any party to make any representation, warranty or obligations on behalf of Infoblox. In no event does Infoblox warrant that the Products, Software or related services are error free or will operate without problems or interruptions. INFOBLOX AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE INFOBLOX PRODUCT, SOFTWARE AND RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Because some states and jurisdictions do not allow the exclusion of implied warranties or the limitation of incidental or consequential damages for certain product supplied to consumers, or the limitation of liability for personal injury, this warranty disclaimer may be limited in its application to You. In states or jurisdictions where implied warranties are not allowed to be excluded in their entirety, such implied warranties will be limited to the fullest extent permitted by law and to the duration of the applicable written warranty.
LIMITATION OF LIABILITY: TO THE EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT WILL INFOBLOX OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERUPTION, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF INFOBLOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) INFOBLOX AND ITS SUPPLIERS TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNTS PAID BY YOU FOR THE SOFTWARE OR, IN THE EVENT THAT INFOBLOX HAS MADE THE PRODUCT OR SOFTWARE AVAILABLE TO YOU WITHOUT CHARGE, INFOBLOX'S AND ITS SUPPLIERS' TOTAL LIABILITY TO YOU WILL BE LIMITED TO $500. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to You.
MISCELLANEOUS: Infoblox and its affiliates are express beneficiaries of these terms and conditions. All Software and accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying documentation by the U.S. Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms herein. This Agreement shall be governed by and construed in accordance with the laws of the State of California and the United States without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. You agree to comply with all applicable laws governing use of the Products and Software. The Product is subject to export restrictions; You must comply with all applicable export laws and regulations of the United States and other applicable countries if You export or use the Product outside the United States. If any provision contained in this Agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall be stricken to the minimum extent necessary to maintain the legality of the agreement and shall not affect the remaining provisions and portions of this Agreement. In case of any inconsistency between this Agreement and any other terms included with or relating to Your Product purchase, this Agreement shall take precedence except with respect to an agreement negotiated and signed by You and Infoblox.