END USER LICENSE AGREEMENT

DOC-0469-00

 

IMPORTANT – READ BEFORE INSTALLING OR OPERATING THE SOFTWARE

               

LICENSEE AGREES TO BE BOUND BY THE TERMS OF THIS END USER LICENSE AGREEMENT (“LICENSE”) BY INSTALLING, HAVING INSTALLED, COPYING, OR OTHERWISE USING THE SOFTWARE.  IF LICENSEE DOES NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE.

              

1.         Scope.  This License applies to the F5 Access application product (“Software”) you have licensed from F5.  This License is a legal agreement between F5 and the single entity (“Licensee”) that has acquired the Software from F5 under these terms and conditions.  All references to “F5” in this License will be deemed to be a reference to the applicable F5 entity as follows: (i) if Licensee’s primary place of business is located in the European Economic Area, the Middle East or Africa (“EMEA”), the F5 entity is F5 Networks Ltd.; (ii) if Licensee’s primary place of business is located in the Asia-Pacific region, excluding Japan, India and Taiwan (“APAC”), the F5 entity is F5 Networks Singapore Pte. Ltd.; and (iii) if Licensee’s primary place of business is located in Japan, India, Taiwan or a region outside of EMEA or APAC, the F5 entity is F5 Networks, Inc. The Software incorporates certain third party software subject to the terms and restrictions of the applicable licenses identified herein.

 

2.         License Grant.  Subject to the terms of this License, F5 grants to Licensee a perpetual, non-exclusive, non-transferable license to use the Software in object code form for Licensee’s internal business purposes.  Other than as specifically described herein, no right or license is granted to any of F5’s trademarks, patents, copyrights, or other intellectual property rights and F5 retains all rights not granted herein.  The Software incorporates certain third party software, which is used subject to licenses from the respective owners.  The third party software is identified in the Software release notes for the Software version available at http://askf5.com. The protections given to F5 under this License also apply to the suppliers of this third party software.

 

If Licenssee is making the Software available on a digital application marketplace with the prior written consent of F5 Product Development Management, then upon the release of any Updates (as defined below), Licensee shall download and make available to its employees, agents, and contractors (“Representatives”) such Update within a reasonable period of time, but no later than thirty (30) days after the Update has been released. F5 will only provide bug fixes on the Updated version of the Software. Support shall be in accordance with Section 8.  Licensee will be responsible for providing instructions to its Representatives of any device settings changes required to install/update the Software on the end users’ device.  Licensee will be responsible for providing instructions to its Representatives for restoring end user’s device settings once the application has been installed on the end users’ device, to maintain the original device security settings.  Licensee should also make available the marketing materials that come with the Update (screenshots, “what’s new” text, etc.) to Representatives who may install the Software installed on their device(s). Failure to use the Updated version of the Software and meet all the stated requirements may result in termination of this License.

 

 

In the event the Software collects, uses or transmits certain information about Licensee’s Product, including but not limited to IP address, user agent, unique device identifier, unique app identifier, and security scan results, Licensee understands that by using the Product, Licensee consents and agrees (on behalf of itself and its Representatives) to such collection, use, and transmission to F5 of the information. Information collected by the Product and transmitted to F5 may be used by F5 to improve and enhance F5’s products and services.  If Licensee does not consent or agree to the collection, use, and transmission of such information, Licensee should not install or use the Software and the terms of this License will terminate. Not all Software collects such information. Please contact your account representative if you have any questions regarding the foregoing.

 

3.         Restrictions. 

 

(a)        The Software, 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 translate the documentation provided with the Software or available online at http://askf5.com (“Documentation”) without F5’s prior, written consent.  Licensee may install, use, access, display and run the Software only in the manner in which it has been licensed as indicated herein. Licensee may not remove the Software from the device in which it was installed or install the Software in a digital application marketplace without the prior written consent of F5 Product Development Management. F5 reserves the right to audit Licensee’s use of the Software or authorize others to conduct such an audit on its behalf and to disable any application or functionality that has not been specifically licensed, in addition to any other rights and remedies available to F5. 

 

(b)        Licensee may not copy (except to make one archival copy for backup and disaster recover purposes), modify, sell, sub-license, rent or transfer the Software, Data or any associated Documentation to any third party. Licensee may not disassemble, reverse compile or reverse engineer the Software or any Data incorporated in the Software or encourage others to do so except as required by law for interoperability purposes, and then only after Licensee has given Supplier an opportunity to provide information or software necessary to resolve such interoperability issues.

 

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 or such other governmental entity as may have jurisdiction relating to the export of technical data and equipment and products produced therefrom which are applicable to Licensee. Licensee further agrees not to disclose or transmit to F5 any information that requires that access to such information be limited to US Nationals or personnel based in a certain country or region.  In countries other than the US, Licensee agrees to comply with the local regulations regarding importing, exporting or using cryptographic software. Licensee agrees it will not export or re-export the Software to any country, person, or entity subject to U.S. export restrictions. Specifically, Licensee agrees not to export or re-export the Software: (i) 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, to transmit or transport the Software back to such country; (ii) to any person or entity who Licensee knows or has reason to know will utilize the Software or portion thereof in the design, development or production of nuclear, chemical or biological weapons; or (iii) 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 Software, Licensee represents and warrants that it is not located in, under control of, or a national or resident of any such country or on any such list.

 

5.         Notice to U.S. Government End Users.  The Software and Documentation qualify as “commercial items,” as that term is defined at Federal Acquisition Regulation (“FAR”) (48 C.F.R.) 2.101, consisting 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 End User License Agreement may be incorporated, Licensee may provide to Government end user or, if this Agreement is direct, Government end user will acquire, the Software and Documentation with only those rights set forth in this End User License Agreement. 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.

 

6.         DISCLAIMER; LIMITATION OF REMEDY.  F5 AND ITS THIRD PARTY LICENSORS DISCLAIM ANY AND ALL WARRANTIES AND GUARANTEES, EXPRESS, IMPLIED OR OTHERWISE, ARISING, WITH RESPECT TO THE SOFTWARE, 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.  F5 MAKES 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”.  F5 HAS NOT AUTHORIZED ANYONE TO MAKE ANY REPRESENTATIONS OR WARRANTIES OTHER THAN AS PROVIDED ABOVE OR TO OTHERWISE MODIFY THE TERMS OF THIS LICENSE.  F5 AND ITS THIRD PARTY 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 DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, OR INCIDENTAL 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. TO THE EXTENT PERMITTED BY LAW, F5’S THIRD PARTY LICENSORS WILL NOT HAVE ANY LIABILITY FOR ANY DIRECT DAMAGES OF ANY KIND UNDER THIS LICENSE AGREEMENT.  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 AGREEMENT.  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. 

 

7.         Termination.  The license granted in Section 2 is effective until terminated and will automatically terminate if Licensee fails to comply with any of the terms and conditions set forth herein.  Upon termination, Licensee will destroy the Software and documentation and all copies or portions thereof.

 

8.         Support.  Where available, maintenance and support may be purchased separately subject to F5’s support policies located at http://www.f5.com/about/guidelines-policies/ and http://askf5.com. Where Licensee has purchased maintenance and support for the Software, the term Software under this License will include any published updates, corrections, new releases and new versions of such Software (collectively “Updates”), provided that Licensee is otherwise entitled to access and use such Updates pursuant to the applicable maintenance and support contract.  Licensee may only use the Updates for which Licensee is the original end user or where Licensee holds a valid license, and for which Licensee has purchased maintenance and support.  Alternatively, maintenance and support may be available for certain Software in the online DevCentral community located at https://devcentral.f5.com/ subject to the DevCentral policies. Please contact your account representative if you have any questions regarding the foregoing.

 

The version of the Software that will be supported must be the version of the Software stated on the current F5 Apps Compatibility page located at https://support.f5.com/kb/en-us/products/big-ip_apm/manuals/related/edgeapps-clientcompatmatrix.html.   To receive support, Licensee must be able to reproduce the issue on a device that meets the specifications on the F5 Apps Compatibility matrix and the F5 client compatibility matrix which matches the version of the F5 server which Licensee is using.  An example of the client compatibility matrix can be found at https://support.f5.com/kb/en-us/products/big-ip_apm/manuals/product/apm-clientcompatmatrix-13-0-0.html.  F5 may make changes to the client compatibility matrix at any time in its sole discretion. Licensee is responsible for ensuring that they aware of the latest client compatibility matrix.   

 

In order to receive support with respect to any issues related to product downloads or deployment of the Software to a users’ device, Licensee must reproduce the issue using Software with the same name and version being distributed on digital store(s) where F5 publishes the same OS of the Software. For clarity, Licensee will not receive any support in the event Licensee violates any of the restrictions Section 3.

 

10.        Miscellaneous.  This License will be governed and construed in accordance with the following governing law (“Governing Law”), depending on the applicable licensing F5 entity, without regard to its choice of law rules:

 

Location:

Governing Law:

Venue:

F5 Networks Singapore Pte. Ltd.

The laws of Singapore

Singapore

F5 Networks Ltd.

The laws of England and Wales

London, England

F5 Networks, Inc.

The laws of the State of Washington

Seattle, Washington

 

The provisions of the U.N. Convention for the International Sale of Goods and the Uniform Computer Information Transactions Act, in whatever form adopted, will not apply and the parties specifically opt out of the application of such laws.  In the event of any dispute arising out of or relating to this Agreement, the parties shall seek to settle the dispute via direct discussions.  If a dispute cannot be settled through direct discussions, the parties agree to first endeavor to settle the dispute via voluntary non-binding mediation, before resorting to arbitration.  A mediator will be selected by voluntary agreement of both parties, or in the event both parties cannot agree on a mediator, a mediator will be selected in accordance with the rules of JAMS.  The mediation shall be held in the applicable venue (“Venue”) identified in the chart above.  Each party shall bear its own costs and expenses and an equal share of the administrative and other fees associated with the mediation.  Any dispute that remains unresolved following mediation shall be settled by arbitration administered by the JAMS in accordance with its Comprehensive Arbitration Rules.  The place of arbitration shall be the applicable Venue.  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 costs and fees.  "Costs and fees" mean all reasonable pre-award expenses of the arbitration, including the arbitrators' fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys' fees.  In rendering the award, the arbitrator(s) shall determine the rights and obligations of the parties according to the substantive and procedural laws of the applicable Governing Law.  The foregoing alternative dispute resolution provisions will not apply to claims or actions related to the infringement, misappropriation or violation of F5’s intellectual property rights or those of its third party licensors and such actions may be brought in any court of competent jurisdiction.  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 Software includes Data and software developed by third parties subject to separate licenses.  Please refer to the Acknowledgement section found in the Software Documentation available at http://askf5.com.

 

12.        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.  The terms of the applicable licenses of the Open Source Components take precedence over the terms of this License, only to the extent the terms of this License are not permitted by the applicable licenses of the Open Source Components.  A listing of the Open Source Components can be found in the Documentation.  To the extent the terms of the applicable licenses of the Open Source Components require F5 to make available to Licensee the corresponding source code and/or modifications (the "Open Source Code"), Licensee may obtain a copy of the applicable Open Source Code from its current location at https://downloads.f5.com, or by sending F5 a written request with Licensee name and address to: F5 Networks, Inc., Attn: Office of the CTO, 401 Elliott Ave W, Seattle, WA 98119.  All requests should identify: the Open Source Code that Licensee is requesting, the applicable F5 product (and any available version information) Licensee has licensed from F5 in connection with the requested Open Source Code, Licensee’s email contact information, and the postal address for delivery of the requested Open Source Code to Licensee.  This offer to obtain a copy of the Open Source Code is valid for three years from the date Licensee licensed the Software.