
ARRAY NETWORKS, INC. End User License Agreement

IMPORTANT-READ CAREFULLY: THIS ARRAY NETWORKS, INC. END USER LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU, EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE ("YOU" OR "YOUR") AND ARRAY NETWORKS, INC. ("ARRAY NETWORKS").  PLEASE READ THIS AGREEMENT CAREFULLY AND RETAIN A COPY FOR YOUR RECORDS.  THIS AGREEMENT SUPERSEDES ALL PREVIOUS VERSIONS.

BY SELECTING "I ACCEPT" OR INSTALLING, DOWNLOADING OR OTHERWISE USING THIS SOFTWARE PROGRAM FROM ARRAY NETWORKS, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, THE INSTALLATION/DOWNLOAD PROCESS WILL NOT CONTINUE.
1.	License.  Subject to your compliance with the terms and conditions of this Agreement, Array Networks grants to you a personal, non-transferable, non-exclusive, limited license to use the Array Networks software, in object code form only, (the "Software") and any related documentation provided by Array Networks, only to establish VPN connectivity to your company's network through Array Networks' AG physical or virtual gateways.
2.	License Limitations and Restrictions. You may install the Software only on personal computers and mobile devices that will access your company's VPN through Array Networks physical or virtual AG gateways. This Agreement does not permit you or any third party to: (i) use the Software in conjunction with any non-Array Networks AG gateways or products, (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law, notwithstanding this prohibition) or otherwise attempt to discover the source code of all or any portion of the Software; (iii) modify, translate or create derivative works of all or any portion of the Software; (iv) copy the Software (other than a single copy made solely for back-up or archival purposes); (v) rent, lease, sell, offer to sell, distribute, or otherwise transfer rights to the Software; or (vi) remove any proprietary markings, copyright, notices, logos, trademarks, trade names or labels on the Software and/or the documentation.  Except as expressly set forth in Section 1, no licenses of any kind are granted hereunder, whether by implication, estoppel or otherwise. There are no implied rights. All rights not expressly granted by Array Networks are reserved.
3.	Disclaimer of Warranty.  YOU AGREE THAT ARRAY NETWORKS AND ITS LICENSORS PROVIDE THE SOFTWARE ON AN "AS IS" AND "WHERE-AS" BASIS.  NEITHER ARRAY NETWORKS NOR ITS LICENSORS MAKE ANY WARRANTIES WITH RESPECT TO THE PERFORMANCE OF THE SOFTWARE.  ARRAY NETWORKS AND ITS LICENSORS EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
4.	Limitation of Liability.  NEITHER ARRAY NETWORKS NOR ITS LICENSORS WILL BE LIABLE FOR SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR INDIRECT DAMAGES, RELATED TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR DAMAGES ARISING FROM LOSS OF USE, LOSS OF CONTENT OR LOSS OF DATA, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES MAY BE BASED (INCLUDING NEGLIGENCE), AND EVEN IF ARRAY NETWORKS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.  IN NO EVENT WILL ARRAY NETWORKS' AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED FIVE HUNDRED DOLLARS (US $500).  
5.	Term and Termination. This Agreement is effective as of the date you click "I Accept" or otherwise install and/or download the Software and will continue unless otherwise terminated.  You may terminate this Agreement at any time by destroying all copies of the Software and documentation.  This Agreement will terminate immediately without notice from Array Networks if you fail to comply with any provision of this Agreement. Upon termination, you must destroy all copies of the Software and documentation. Except for the license granted under Section 1, all provisions of this Agreement will survive termination.
6.	Ownership.    The Software and documentation are licensed, not sold, to you. Array Networks or its licensors retain all right, title and interest, including all intellectual property rights, in and to the Software and documentation, and any and all improvements, updates, upgrades and new versions thereof.  Nothing herein will give or be deemed to give you any right, title or interest in or to the same, except for the license expressly granted in Section 1 of this Agreement.
7.	U.S. Government End Users.  The Software licensed under this Agreement is "commercial computer software" as that term is described in DFAR 252.227-7014(a)(1).  If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement, as specified in 48C.F.R. 12.212 (Computer Software) and 12.11 (Technical Data) of the Federal Acquisition Regulations ("FAR") and its successors.  If acquired by or on behalf of any agency within the Department of Defense ("DOD"), the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this Agreement, as specified in 48C.F.R. 227.7202 of the DOD FAR Supplement and its successors.
8.	General.  You may not assign this Agreement in whole or in part, whether by contract, operation of law or otherwise, without the prior written consent of Array Networks. This Agreement will be governed by, and construed in accordance with, the laws of the State of California, excluding its choice of law provisions, and you and Array Networks agree to submit to the personal and exclusive jurisdiction of the courts located in Santa Clara, California. The parties agree the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.  The failure of Array Networks to require performance by you of any provision hereof will not affect the full right of Array Networks to require such performance at any time thereafter; nor will the waiver by Array Networks of a breach of any provision hereof be taken or held to be a waiver of any subsequent or different breach.  Any waiver by Array Networks must be in writing and signed by an officer of Array Networks to be valid. If any provision of this Agreement is found void and unenforceable, it will be replaced to the extent possible with a provision that comes closest to the economic effect of the original provision and all other provisions will remain in full force and unaffected.  This Agreement constitutes the entire agreement between you and Array Networks with respect to the subject matter hereof, and it supersedes all prior or contemporaneous agreements or understandings between the parties with respect to such subject matter.  The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such paragraph or in any way affect such section.[Doc:EULA-revised-10-15-18]
