Carefully read the following legal agreement - Extreme Networks

Carefully read the following legal agreement. Use of Extreme Networks, Inc. (“Extreme”) product(s) and any updates
thereto (the “Products”), including the software contained in the Products (the “Software”) constitutes acceptance by you
(“Customer”) of these provisions (the “Agreement”). Extreme shall not be bound by any additional and/or conflicting
provisions in any order, release, acceptance or other written correspondence from Customer unless expressly agreed to in
writing by Extreme. If Customer does not agree to the provisions of this Agreement, Customer shall promptly return the
Products to the location where Customer obtained them for a full refund. Additional terms and conditions of sale regarding
return procedures, maintenance, confidential information and proprietary markings and, for Products purchased from
Extreme, prices, payment, taxes, shipment, delivery and acceptance , are available on
www.extremenetworks.com, all of which are incorporated by reference herein.
1. License; Title. Extreme grants
Customer a nonexclusive,
nontransferable license to use the object
code version of the Software and the
accompanying documentation
(“Documentation”) for Customer’s internal
business purposes in conjunction with
Customer’s use of the Products. Extreme
may provide third party software or
hardware with the Products. In this case,
Customer hereby agrees to any additional
terms and conditions relating to the third
party software or hardware that are
described in the documentation delivered
with the Products. Customer agrees that
Customer will not attempt, and will use
Customer’s best efforts to prevent any
individual or entity from attempting, to
reverse engineer, disassemble, modify,
translate, create derivative works, rent,
lease, loan, distribute or sublicense the
Products, in whole or part. Title to and
ownership of the Software and
Documentation, and any updated,
modified or additional parts thereof, and
all copyright, patent, trade secret,
trademark and other intellectual property
rights embodied in the Products, shall at
all times remain the property of Extreme
or its licensors.
2. Warranty to Customer
2.1 Limited Warranty. Subject to
Section 2.2 (“Limitation”), Extreme
warrants to the original purchaser of the
Product that from the date such
purchaser receives the Product, the
Product shall substantially conform with
the Documentation for a period of ninety
(90) days. If Customer purchased the
Product from Extreme’s sales channels
(e.g. a reseller, distributor or dealer),
Customer is not the original purchaser of
such Product and the warranty on such
Products may be shorter than the time
periods stated in this Section. In the event
of a failure of any Product to comply with
the foregoing warranty during the
applicable warranty period (a “Defect”),
Extreme shall, at its option, repair or
replace the Product (which may include a
workaround for the Defect) or refund the
fees paid by Customer for such Product
(following Customer’s return of such
Product to appropriate source). The
foregoing sets forth Customer’s sole and
exclusive remedies for breach of the
above warranties. Replacement Products
will be warranted for the remaining
warranty period of the original Products.
2.2 Limitation. The warranties set forth
above shall not apply to (i) any third party
software or hardware, whether or not
such third party software or hardware is
provided by Extreme (and Customer
agrees to any additional terms and
conditions relating to the third party
software or hardware which are specific
to Extreme’s suppliers as described in the
Documentation, which are incorporated
by reference herein); (ii) any Products
which have been modified or repaired,
except by Extreme; or (iii) any Products
which have not been maintained in
accordance with any handling or
operating instructions supplied by
Extreme or have been subjected to
unusual physical or electrical stress,
misuses, negligence or accidents.
2.3 Disclaimer of Warranties.
EXCEPT FOR THE EXPRESS
WARRANTIES AND CONDITIONS SET
FORTH IN THIS AGREEMENT,
EXTREME MAKES NO OTHER
WARRANTIES OR CONDITIONS
RELATING TO THE PRODUCTS
PROVIDED UNDER THIS AGREEMENT,
EXPRESS, IMPLIED OR STATUTORY
AND EXPRESSLY DISCLAIMS ANY
WARRANTY OF CONDITION,
MECHANTABILITY, FITNESS FOR
PARTICULAR PURPOSE OR NON-
INFRINGEMENT OF THIRD PARTY
RIGHTS.
3. Limitation of Liability. IN NO EVENT
WILL EXTREME BE LIABLE TO
CUSTOMER FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO,
ANY LOST PROFITS OR LOST
SAVINGS OR LOSS OF USE OR
INTERRUPTION OF BUSINESS,
HOWEVER CAUSED, WHETHER
ARISING IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), BREACH
OF WARRANTY, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE,
EVEN IF EXTREME WAS ADVISED OF
THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANY
OTHER PROVISIONS OF THIS
Page 1 of 2 (continued on reverse)

AGREEMENT, EXTREME’S TOTAL
LIABILITY TO CUSTOMER FROM OR IN
RELATION TO THIS AGREEMENT OR
THE PRODUCTS SHALL BE LIMITED
TO EITHER (A) THE AMOUNTS PAID
OR PAYBLE TO EXTREME UNDER
THIS AGREEMENT FOR THE
PRODUCTS GIVING RISE TO THE
CLAIM IN THE MOST RECENT FULL
CALENDAR YEAR PRECEDING
EITHER PARTY’S INITIAL NOTICE OF
ANY CLAIM OR POTENTIAL CLAIM
HEREUNDER OR (B) $1,000,000,
WHICHEVER IS LOWER. THIS
LIMITATION SHALL APPLY TO ALL
CAUSES OF ACTION IN THE
AGGREGATE. IN NO EVENT WILL
EXTREME BE LIABLE FOR THE COST
OF PROCUREMENT OF SUBSTITUTE
GOODS. THE FOREGOING
LIMITATIONS SHALL NOT APPLY TO
DAMAGES ARISING FROM DEATH OR
PERSONAL INJURY IN ANY
JURISDICTION WHERE SUCH
LIMITATION IS PROHIBITED BY
APPLICABLE LAW.
4. Term and Termination. The term of
this Agreement shall continue unless
terminated in accordance with this
Section. Extreme may terminate this
Agreement at any time upon (i)
bankruptcy, insolvency or receivership of
Customer, or (ii) any material default by
Customer of this Agreement not cured
within thirty (30) days after Customer
receives written notice thereof. Except for
the first sentence of Section 1 (“License;
Title”), the provisions of this Agreement
shall survive any termination of this
Agreement.
5. Export Control. In exercising its rights
under this Agreement, Customer agrees
to comply fully with all import or export
controls and regulations imposed on the
Products by the U.S. and any country,
organization or nations within whose
jurisdiction Customer does business.
6. Government Rights. If Products are
being acquired by the U.S. Government,
the Software and related Documentation
are commercial computer software and
commercial computer software
documentation developed exclusively at
private expense, and (i) if acquired by or
on behalf of a civilian agency, shall be
subject to the terms of this computer
software license as specified in 48 C.F.R.
12.212 of the Federal Acquisition
Regulations and its successors; and (ii) if
acquired by or on behalf of units of the
Department of Defense (“DoD”) shall be
subject to the terms of this commercial
computer software license as specified in
48 C.F.R. 227.7202, DoD FAR
Supplement and its successors.
7. General Provisions. Customer shall
not assign this Agreement or transfer any
of the rights or obligations under this
Agreement without the prior written
consent of Extreme. This Agreement shall
be binding upon, and inure to the benefit
of, the successors and permitted assigns
of the parties. Neither party will have the
right to claim damages or terminate this
Agreement as a result of the other party’s
failure or delay in performance due to
circumstances beyond such party’s
reasonable control (except for obligations
relating to fees payable under this
Agreement). This Agreement will be
governed by the laws of California,
without regard to that body of law
controlling conflicts of law. The United
Nations Convention on Contracts for the
International Sale of Goods is expressly
excluded from application to this
Agreement. In the event of any claim
arising out of this Agreement, the parties
hereby submit to the jurisdiction of the
federal and state courts located in Santa
Clara County, California, as applicable.
All disagreements and controversies of
any kind, whether claimed in tort, contract
or otherwise concerning this Agreement
shall be brought within one (1) year after
the occurrence of the event giving rise to
the disagreements or controversies.
Notices shall be in writing and shall be
deemed given when delivered in person,
by overnight courier upon written
verification of receipt, by confirmed
facsimile, email which is confirmed as
received, or by certified or registered
mail, return receipt requested, five (5)
days after mailing. This Agreement may
be amended or supplemented only by a
writing that refers explicitly to this
Agreement signed on behalf of both
parties. No waiver will be implied from
conduct or failure to enforce rights nor
effective unless in a writing signed on
behalf of the party against whom the
waiver is asserted. If any part of this
Agreement is found unenforceable, that
part will be enforced to the maximum
extent permitted by law and the
remainder of this Agreement will remain
in full force. This Agreement represents
the entire agreement between the parties
relating to its subject matter and
supersedes all prior representations,
discussions and agreements, written or
oral.
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