F5 VNFM software agreement¶
F5 VNF MANAGER AND F5 NFV PACKAGED SOLUTIONS
END USER LICENSE AGREEMENT (EULA)
Important
READ BEFORE INSTALLING OR OPERATING THIS SOFTWARE
YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING, HAVING INSTALLED, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE SOFTWARE.
You will provide accurate, current, and complete information (including about Customer and Customer’s users) in all registration and other account-related form (“Customer Information”) and you will maintain the security of your username(s) and password(s). You will maintain and promptly update the Customer Information to keep it accurate, current and complete. YOU UNDERSTAND THAT ANY PERSON WITH YOUR USERNAME(S) AND PASSWORD(S) MAY BE ABLE TO ACCESS YOUR ACCOUNT (INCLUDING CUSTOMER INFORMATION AND OTHER CUSTOMER DATA (COLLECTIVELY, “CONTENT”)). YOU ACCEPT ALL RISKS OF UNAUTHORIZED ACCESS TO YOUR ACCOUNT BASED ON THE SHARING OR LOSS OF A USERNAME AND PASSWORD. You will promptly notify us if you discover or otherwise suspect any unauthorized access related to your account with F5 or the Software, including any unauthorized use or disclosure of a username or password.
Definitions.
- “F5 VNF Manager” means the F5 platform for managing the lifecycle of F5 software, as Virtualized Network Functions.
- “F5 NFV Packaged Solutions” mean packages of software, including the F5 VNF Manager, BIG-IP Virtual Edition, and BIG-IQ. These solutions are sold together, as a single purchase, with a given version of a solution being defined by specific combinations of specific versions of VNF Manager, Big-IP, BIG-IQ, plugins, and blueprints.
- “Software” means the F5 NFV Manager, the F5 NFV Packaged Solutions and the Documentation.
Scope. This End User License Agreement (“License”) applies to the Software Customer has licensed from F5. All references to “F5” or “we” in this License refer to the applicable F5 entity as follows: (a) if Customer’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.; (b) if Customer’s primary place of business is located in the Asia-Pacific region (“APAC”), the F5 entity is F5 Networks Singapore Pte Ltd; and (c) if Customer’s primary place of business is located in a region outside of EMEA or APAC, the F5 entity is F5, Inc. You may access and use the Software solely in accordance with this License. You will comply with the terms of this License and all law, rules, and regulations applicable to your use of the Software. This License is a legal agreement between F5 and the single entity (“Customer” or “you”) that has acquired the Software from F5 under these terms and conditions.
License Grant. Subject to the terms of this License, F5 grants to Customer a non-exclusive, revocable, non-transferable license to use the Software (a) during the term for which Customer has paid the required license fees; (b) for Customer’s internal business purposes and (c) solely in managing Customer’s use of F5 software as further described herein. Other than as specifically described in this License, no right or license is granted to any of F5’s or its licensors’ trademarks, patents, copyrights, or other intellectual property rights and F5 or its licensors retain all rights not granted herein.
Restrictions.
- The Software includes third party software, which may be subject to additional limitations imposed by those third parties (“Restricted Third Party Software”). We or our licensors own all right, title, and interest in and to the Software, and all related technology and intellectual property rights. You may not copy or translate the documentation provided with the Software or available online (“Documentation”) without our prior, written consent. You may install, use, access, display, and run the Software only in the manner in which it has been licensed as indicated herein, for the purpose of managing your use of F5 software, including but not limited to any restrictions on number of protected applications, number or type of licensed devices, number of authorized copies or instances, number of users, bandwidth, non-production use, database and location restrictions. You will not (i) modify, sell, sublicense, rent, or transfer the Software to any third party; (ii) attempt to defeat, circumvent or disable any copy protection mechanism in the Software; (iii) distribute, alter, or tamper with the Software; (iv) unless permitted by rights you have under another agreement, use the Restricted Third Party Software to operate in or as a time-sharing, outsourcing, service bureau, application service provider, or managed service provider environment; (v) use the Restricted Third Party Software as a general server, as a standalone application or with applications other than the Software under these License terms; (vi) reverse engineer, disassemble, or decompile the Software or any part of it, or apply any other process or procedure to derive the source code of the Software (except to the extent applicable law doesn’t allow this restriction, and then only after you have given us notice and an opportunity to resolve any interoperability issues); (vii) access or use the Software in a way intended to avoid incurring fees or exceeding usage limits or quotas; (viii) change any proprietary rights notices that appear in the Software; or (xi) use the Software to manage the lifecycle of non-F5 products. The protections given to F5 under this License also apply to our third party software licensors, who are intended third party beneficiaries of this License. We may, ourselves or through a third party, audit your use of the Software and the results of its reporting function, and disable or charge you for (in our sole discretion) any application or functionality that has not been specifically licensed, in addition to any other rights and remedies available to F5.
- If you provide any ideas for suggested improvements or other feedback about the Software (“Suggestions”) to us, we may use the Suggestions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Suggestions and agree to provide us any assistance we require to document, perfect, and maintain our rights in the Suggestions. You represent and warrant that you or your licensor(s) own all right, title, and interest in and to the Suggestions; and that you have all rights in your Suggestions necessary to grant the rights granted in this Section 4.
- We may use technical, account, usage and performance data derived from your interactions with and use of the Software, consisting of, for example, usage history, statistics, and telemetry (“Usage Data”) to service your account, support and improve our products and services, and provide you with information on our products and services. We may also use Aggregated Data to develop new features, products, tools, and content, for market research, and to offer products and services of interest to its customers. “Aggregated Data” means Usage Data that has been stripped of any and all information that identifies you or is capable of identifying you.
- We may suspend your access to the Software if (i) you have not paid the applicable fees for the Software and are in payment default under this License or (ii) you are in material breach of any of your obligations.
- You may use F5 Confidential Information (as defined in this section) only in connection with your use of the Software as permitted under this License, and you may not disclose F5 Confidential Information to any third party. You will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of F5 Confidential Information, including, at a minimum, those measures you take to protect your own confidential information of a similar nature. For purposes of this License, “Confidential Information” means nonpublic information that F5 discloses to you and designates as being confidential or proprietary, or which is of a nature or presented under circumstances which would cause one to reasonably conclude it should be treated as confidential. You will not issue any press release or make any other public communication with respect to these Terms or your use of the Subscription Offerings.
Invoicing, Payment, and Taxes.
If we authorize you to purchase directly from F5, the following provisions will apply and are only applicable where a purchase is processed by F5 directly, rather than by an F5 authorized reseller.
- Credit Establishment. Upon our request, you will provide financial information including but not limited to financial statements, letter(s) of credit, credit reports, and federal tax return(s) to allow us to establish your credit. We may cancel or suspend your credit at any time, in our sole discretion.
- Initial Order and Pricing. You will submit a purchase order to us for your initial order of the Software. We may, in our sole discretion, accept or reject any purchase order. If we have not accepted a purchase order within 15 days of our receipt, it is deemed rejected. For each purchase order we accept, we will provide you with the corresponding serial number(s). We may invoice you upon acceptance of your initial order, and you will pay according to Subsection (d) below. Fees for the Software will be as set forth in F5’s most recent quote to you.
- Additional Purchases. The F5 NFV Packaged Solutions are purchased based on “VNF Service Layers” that are designed to deploy and scale to meet specified customer outcomes, such as delivering a particular network throughput. The VNF Manager Licensing Report will detail all layers that are started and stopped during a calendar quarter, as well as information about individual virtual instances. Licensing, billing, and payment are based on a “high-water mark” for the highest number of layers that have been purchased or used in a VNF Manager Licensing Report. To allow for healing and migrating logical service layers, and “bleeding” traffic from one service layer to another, the high-water mark from a VNF Manager Licensing Report is computed after allowing for a 48-hour grace period for overlapping layers. We will invoice you for Additional Purchases based on increases in the High Water Mark shown in the VNF Manager Licensing Report during the applicable calendar quarter, and you will pay us for such Additional Purchases in accordance with Subsection (d) below.
- Payment Terms. Unless otherwise set forth in an agreement with us, you will pay us within 30 days from our invoice date, in US dollars. Nonpayment when due and failure to cure within 30 days of notice is a material breach of this License. We may charge interest on late payments at the lesser of 1.5% per month and the maximum rate allowed by law. If we pay a third party to collect overdue amounts, you will reimburse us for all reasonable collection costs, including attorney fees.
- Taxes. Payments you make to us do not include any national, state or local sales, use, value added, goods & service, or other similar taxes. You are responsible for, and will pay, all such taxes, if applicable. If you are based in the US, you may provide a valid exemption certificate in order for us to apply tax exemption for state sales taxes. If any withholding tax is required under applicable law, you will pay such withholding tax to relevant authorities and provide evidence of remittance to us. You will timely request from us any tax forms needed to reduce or eliminate the amount of any withholding tax with respect to payments made under this License.
Reporting for NVF Packaged Solutions.
- VNF Manager Licensing Report. The F5 NFV Packaged Solution is designed to monitor and track your usage of F5 software. Within 10 days following the end of each calendar quarter, you will use the Software to run and provide a report to us detailing your quarterly usage of F5 software (a “VNF Manager Licensing Report”). You will submit each report to us either (i) electronically, using the Software’s electronic report submission mechanisms to send the report to us over the Internet to API.f5.com or (ii) via email attachment to vesubscriptions@f5.com. You will not alter the VNF Manager Licensing Report or any of its data in any manner, knowingly report inaccurate usage, or otherwise attempt to manipulate the reporting of actual usage. If the Software’s reporting tool in any environment is inoperative, you will run the VNF Manager Licensing Report from the back-up reporting tool. If you cannot run a VNF Manager Licensing Report because both reporting tools for any single environment are both inoperative at once, you will contact F5 technical support for assistance, and you will run and submit any overdue VNF Manager Licensing Report in accordance with this section. If any VNF Manager Licensing Report is erroneously generated, misdirected, and/or otherwise lost and not capable of being submitted in accordance with this section, you will generate historical usage reports from the Software’s reporting tool and submit them to us at the direction of F5 technical support personnel to reconstruct any missing reporting data. You will immediately report to F5’s technical support personnel any known or suspected error in any VNF Manager Licensing Report. Your failure to provide a VNF Manager Licensing Report in accordance with this subsection is a material breach of this License.
- NFV Billing Report. After receiving a VNF Manager Licensing Report for a quarter, we will provide you with a NFV Billing Report, setting forth amounts payable for the quarter. “Additional Purchases” means, with respect to each calendar quarter, the number of additional Licensed Instances of Software for such calendar quarter. “Licensed Instance” means each separate copy of a Software instance.
Export Control. The Software may incorporate cryptographic software. You will comply with the Export Administration Act, the Export Control Act, all regulations promulgated under such Acts, and all other applicable US government regulations relating to the export of technical data and equipment and products produced therefrom. You will not 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, Customer agrees to comply with the local regulations regarding importing, exporting or using cryptographic software. You will not export or re-export the Software to any country, person, or entity subject to U.S. export restrictions. Specifically, you will not export or re-export the Software: (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 Software back to such country; (b) to any person or entity who Customer 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 (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, 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, Customer 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.
Limited Warranty.
- Warranty. F5 warrants that for a period of 90 days from the date we provide access to a serial number for the Software to you (“Warranty Period”) the Software will perform, in all material respects, in accordance with the Documentation. Except for the foregoing, the Software is provided AS IS. In no event does F5 warrant that the Software is error free, that it will operate with any software or hardware other than that provided by F5 or specified in the documentation, that the Software will satisfy Customer’s own specific requirements or that the Software will work in an environment that does not meet the minimum requirements set out by F5.
- Remedy. Customer’s sole and exclusive remedy under this limited warranty is to notify F5 within the Warranty Period detailing the nonconformance, and to provide F5 with the opportunity to correct or replace the defective Software within a reasonable time (which will not exceed 75 days). During the warranty period, F5 will replace defective media or documentation or, at its option, undertake reasonable efforts to modify the Software to correct any substantial non-conformance with the specifications. If F5 does not remedy such defect within the time set forth in the previous sentence, Customer may terminate this License upon notice to F5, and Customer will revert to F5 its licenses and will cease all use of the Software, and F5 will pay the Customer as liquidated damages an amount equal to the associated Software fees then having been paid to F5 under this License, as Customer’s sole and exclusive remedy and F5’s sole and exclusive liability for breach of the warranty set forth in this Section 8.
- Restrictions. The foregoing limited warranties extend only to the original Customer, and do not apply if the Software (i) has been altered, except by F5 or an F5-designated representative or in accordance with F5 instructions, (ii) has not been installed, operated, repaired, or maintained in accordance with F5’s instructions, (iii) has been subjected to abnormal physical or electrical stress, misuse, negligence or accident or (iv) has been operated outside of the environmental specifications for the Software or otherwise not in accordance with the Documentation. F5’s limited software warranty does not apply to software corrections or upgrades.
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 License may be incorporated, Customer may provide to Government end user or, if this License is direct, Government end user will acquire, the Software and Documentation with only those rights set forth in this License. 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.
DISCLAIMER; LIMITATION OF REMEDY. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8, F5 AND ITS LICENSORS PROVIDE THE SOFTWARE “AS IS” AND DISCLAIM ANY AND ALL WARRANTIES AND GUARANTEES, EXPRESS, IMPLIED OR OTHERWISE, ARISING, WITH RESPECT TO THE SOFTWARE, DATA, SPECIFICATIONS, OR DOCUMENTATION, 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 DOES NOT WARRANT THAT THE SOFTWARE WILL MEET CUSTOMER’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, OR BE ERROR-FREE. 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. THE COLLECTIVE LIABILITY OF F5 AND ITS LICENSORS UNDER THIS LICENSE FOR PERPETUAL LICENSED SOFTWARE WILL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE. THE COLLECTIVE LIABILITY OF F5 AND ITS THIRD PARTY LICENSORS UNDER THIS LICENSE FOR SOFTWARE OTHER THAN PERPETUAL LICENSED SOFTWARE WILL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. F5 AND ITS 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 PUNITIVE, EXEMPLARY, 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 CUSTOMER BY F5, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY. IN THOSE JURISDICTIONS, SUCH INAPPLICABILITY WILL NOT AFFECT THE REMAINDER OF THE PROVISIONS IN THIS SECTION.
Term and Termination.
- Term. You may purchase the Software on a perpetual or subscription basis. The term of this License for Software purchased on a perpetual basis is effective when we make a serial number for Software available to you (“Fulfilment Date”), until terminated as stated in this section. The term of this License for subscription purchases starts on the Fulfilment Date and end 12 months thereafter (“Initial Subscription Term”). Following the Initial Subscription Term, the subscription term will automatically renew at the High Water Mark for the just completed quarter for additional renewal terms of 12 months (each, a “Renewal Subscription Term”), unless the subscription is terminated at the expiration of the Initial Subscription Term or any Renewal Subscription Term, by either party by providing written notice of such termination to the other party at least thirty (30) days prior to the expiration of the then-current subscription term. You must make any decreases of your subscriptions or other modifications (other than increases) at the time of the renewal of your subscription. The license term for any Additional Purchase during a subscription term shall be from the Fulfilment Date of such Software to the end of such subscription term.
- Termination for Breach. Either party may terminate this License for cause if the other party is in material breach of this License, and the material breach remains uncured for a period of 30 days from receipt of notice by the other party.
- Termination for Insolvency. Either party may terminate this License upon notice to the other party if the other party voluntarily files for bankruptcy, is the subject of involuntary bankruptcy proceedings that are not dismissed within 60 days, ceases to do business, or otherwise terminates its business operations.
- Effect of Termination. Upon termination of this License, you will (i) close your account; (ii) destroy the Software (including all instances) and Documentation and all copies or portions thereof; and (iii) destroy all copies of all serial number or codes we issue. Upon our request, you will provide an officer’s certificate in writing certifying to such destruction.
Support. For Software purchased on a subscription basis, maintenance and support during the applicable subscription term is included in the fees for each Licensed Instance. Maintenance and support of non-subscription Software is not provided under this License and must be purchased separately subject to F5’s support policies. If Customer has purchased maintenance and support, the term Software under this License will include any published updates, corrections, new releases and new versions of such Software (collectively “Updates”), provided that Customer is otherwise entitled to access and use such Updates pursuant to the applicable maintenance and support contract. All support and upgrades are subject to F5’s support and upgrade policies, which are available at https://www.f5.com/company/contact/regional-offices#product-support. Customer may only use the Updates on Software for which Customer is the original end user or to which Customer holds a valid license. Unless otherwise agreed to by F5, Customer’s failure to purchase maintenance and support for any Software will be deemed a material breach of this License.
General.
Governing Law and Dispute Resolution.
This License shall be 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 Singapore Singapore F5 Networks, Ltd. The laws of Ireland London, England F5, Inc. The laws of the State of Washington Seattle, Washington 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 shall be as 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.
“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 shall 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.
Notice. Notices under this License shall be sufficient only if in writing and personally delivered, delivered by a major commercial rapid delivery courier 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 addressed to the addresses set forth opposite the applicable F5 entity below, or as amended by notice pursuant to this subsection.
F5 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 F5, Inc. Attn: Legal Dept. 801 5th Ave. Seattle, WA 98104 USA F5 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 USA F5, Inc. F5, Inc. Attn: Legal Dept. 801 5th Ave. Seattle, WA 98104 USA 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 the prior written consent of F5. Any assignment in violation of this provision is void and without effect. Upon any permitted assignment or transfer under this License, 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 under this License 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 by any party of any breach or default of any provision 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 the date of such waiver.
Headings and captions used in this License are for convenience only and are not to be used in the interpretation of this License. If any provision of this License 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 full force and effect and enforceable. This License, together with the applicable Sales 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 purchase orders should merely identify the applicable Products and the agreed quantities and pricing thereof) and all past dealing or industry custom.
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. Please reference the BIG-IP Open Source Notices and Software Acknowledgments document. 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 Customer the corresponding source code and/or modifications (the “Open Source Code”), Customer may obtain a copy of the applicable Open Source Code from its current location at https://my.f5.com/manage/s/downloads, or by sending F5 a written request with Customer name and address to: F5, Inc., Attn: Office of the CTO, 801 5th Avenue, Seattle, WA 98104. All requests should identify: the Open Source Code that Customer is requesting, the applicable F5 product (and any available version information) Customer has licensed from F5 in connection with the requested Open Source Code, Customer’s email contact information, and the postal address for delivery of the requested Open Source Code to Customer. This offer to obtain a copy of the Open Source Code is valid for three years from the date Customer licensed the Software.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement through their authorized representatives as of the Effective Date.
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