End User License Agreement
End-User License Agreement (“EULA”) Pluribus Networks, Inc.
IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. IT IS VERY IMPORTANT THAT YOU CONFIRM THAT YOU ARE PURCHASING PLURIBUS SOFTWARE OR EQUIPMENT FROM AN APPROVED SOURCE AND THAT YOU, OR THE ENTITY YOU REPRESENT (COLLECTIVELY, THE “CUSTOMER”) HAVE BEEN REGISTERED AS THE END USER FOR THE PURPOSES OF THIS PLURIBUS END USER LICENSE AGREEMENT. IF YOU ARE NOT REGISTERED AS THE END USER YOU HAVE NO LICENSE TO USE THE SOFTWARE AND THE LIMITED WARRANTY IN THIS END USER LICENSE AGREEMENT DOES NOT APPLY TO YOU.
1.Introduction
1.1.Your use of the Pluribus Networks software (“SOFTWARE”) and related documentation (“DOCUMENTATION”) is subject to this legal agreement between you and PLURIBUS. “PLURIBUS” means Pluribus Networks, Inc., whose principal place of business is at 6001 America Center Drive, Suite 450, San Jose, CA 95002. This document explains how the agreement is made up, and sets out the terms of the agreement.
1.2.SOFTWARE means software provided to you by PLURIBUS.
1.3.DOCUMENTATION means written information (whether contained in user or technical manuals, training materials, specifications or other such materials provided to you by PLURIBUS) related to the SOFTWARE.
1.4.Unless otherwise agreed to in writing with PLURIBUS, your agreement with PLURIBUS at it relates to the SOFTWARE and DOCUMENTATION will always include, at a minimum, the terms and conditions set out in this EULA.
1.5.This agreement forms a legally binding agreement between you and PLURIBUS in relation to your use of the SOFTWARE and DOCUMENTATION. It is important that you take the time to read this EULA carefully. Collectively, this legal agreement is referred to below as the “EULA.”
2.Accepting this EULA
2.1.In order to use the SOFTWARE and DOCUMENTATION, you must first agree to this EULA. You may not use the SOFTWARE and DOCUMENTATION if you do not accept this EULA.
2.2.You can accept this EULA by: (A) clicking to accept or agree to this EULA, where this option is made available to you by PLURIBUS; or (B) by actually downloading, installing or using the SOFTWARE, in which case, you understand and agree that PLURIBUS will treat your use of the SOFTWARE as acceptance of this EULA from that point onward.
2.3.If you are accepting this EULA on behalf of another legal entity, you represent that you have the authority to bind such legal entity.
2.4.You may not use the SOFTWARE and DOCUMENTATION and may not accept this EULA if (A) you are not of legal age to form a binding contract with PLURIBUS, or (B) you are a person barred from receiving the SOFTWARE under the laws of the United States or other countries including the country in which you are resident or from which you use the SOFTWARE.
2.5.PLURIBUS is willing to license this software to you only upon the condition that you purchased the software from an Approved Source and that you accept all of the terms contained in this EULA plus any additional limitations on the license set forth in a supplemental license agreement if any accompanying the product or available at the time of your order (collectively the “agreement”). To the extent of any conflict between the terms of this EULA and any supplemental license agreement, the supplemental license agreement shall apply.
2.6.You may access a copy of this EULA at www.pluribusnetworks.com/EULA
3.Provision of the SOFTWARE AND DOCUMENTATION by PLURIBUS
3.1.You acknowledge and agree that the form and nature of the SOFTWARE which PLURIBUS provides may change from time to time without prior notice to you.
3.2.You acknowledge and agree that PLURIBUS assumes no responsibility for any inaccuracies in the DOCUMENTATION and that PLURIBUS reserves the right to change, modify, or otherwise revise the DOCUMENTATION without notice.
3.3.As part of this continuing innovation, you acknowledge and agree that PLURIBUS may stop (permanently or temporarily) providing the SOFTWARE (or any features within the SOFTWARE) to you or to customers generally, at PLURIBUS’ sole discretion, with 30 (thirty) days prior notice to you.
4.Use of the SOFTWARE by you:
4.1.You agree to use the SOFTWARE in accordance with this EULA.
4.2.You agree not to access (or attempt to access) the SOFTWARE by any means other than through the command line interface that is provided by PLURIBUS, unless you have been specifically allowed to do so in a separate agreement with PLURIBUS.
4.3.By downloading, installing, or using the software, you are representing that you purchased the software from an Approved Source and binding yourself to the agreement. If you do not agree to all of the terms of the agreement, then PLURIBUS is unwilling to license the software to you and (a) you may not download, install or use the software, and (b) you may return the software (including any unopened CD package and any written materials) for a full refund, or, if the software and written materials are supplied as part of another product, you may return the entire product for a full refund. Your right to return and refund expires 30 days after receipt of such product from an approved source, and applies only if you are the original and registered end user purchaser. For the purposes of this EULA, an “Approved Source” means (a) PLURIBUS; or (b) a distributor or systems integrator authorized by PLURIBUS to distribute/ sell PLURIBUS equipment, software and services within your territory to end users; or (c) a reseller authorized by any such distributor or systems integrator in accordance with the terms of the distributor's agreement with PLURIBUS to distribute/sell the PLURIBUS equipment, software and services within your territory to end users.
4.4.You agree that you will not engage in any activity that interferes with or disrupts the operation of the SOFTWARE.
4.5.Unless you have been specifically permitted to do so in a separate agreement with PLURIBUS, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the SOFTWARE (or any portion thereof) for any purpose.
4.6.PLURIBUS may from time to time send updates over the Internet to you in order to update the SOFTWARE. You acknowledge and agree that PLURIBUS may make available new version of SOFTWARE without notice to you and that prior version of the SOFTWARE may be temporarily unavailable while PLURIBUS is updating the SOFTWARE. Pursuant to section 11 of this EULA, PLURIBUS is not liable for any disruptions in your use of the SOFTWARE, including while PLURIBUS is updating the SOFTWARE.
5.Privacy and your Usage Information
5.1.Should you enable sending product updates to the PluribusCloud, PLURIBUS may collect information (“USAGE INFORMATION”) related to how you are using the SOFTWARE in accordance with your Pluribus Networks Purchase Agreement (“PURCHASE AGREEMENT”). The USAGE INFORMATION is collected and maintained in accordance with the PLURIBUS PRIVACY POLICY, as updated, located at www.pluribusnetworks.com/privacy
5.2.You agree to allow PLURIBUS to collect USAGE INFORMATION and give PLURIBUS a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use (including, but not limited to, the rights to reproduce, adapt, and modify) the USAGE INFORMATION internally.
5.3.You give PLURIBUS a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to: (a) generate aggregated, non-personal information, where aggregated, non-personal information is USAGE INFORMATION that is collected into groups so that it no longer reflects or references an individually identifiable person or legal entity, and (b), to the extent necessary, reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any generated aggregated, non-personal information.
5.4.You confirm and warrant to PLURIBUS that you have all the rights, power and authority necessary to grant PLURIBUS permission to collect USAGE INFORMATION and to use the USAGE INFORMATION in the manner specified in this section 5.
5.5.PLURIBUS agrees not to disclose the USAGE INFORMATION to any third party except in accordance with Section 5.3 or the PLURIBUS PRIVACY POLICY. In the event of a conflict between this EULA and the PLURIBUS PRIVACY POLICY, the PLURIBUS PRIVACY POLICY shall govern.
6.Proprietary Rights
6.1.You acknowledge and agree that PLURIBUS owns all legal right, title and interest in and to the SOFTWARE and DOCUMENTATION, including any intellectual property rights which subsist in the SOFTWARE and DOCUMENTATION (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the SOFTWARE and DOCUMENTATION may contain information which is designated confidential by PLURIBUS and that you shall not disclose such information without PLURIBUS’ prior written consent.
6.2.You may use PLURIBUS’ trademarks provided that such use is strictly limited and in accordance with the trademark guidelines located at www.pluribusnetworks.com/legal as adjusted from time to time.
6.3.Unless you have agreed otherwise to in writing with PLURIBUS, nothing in this EULA gives you a right to use any of PLURIBUS’ domain names and other distinctive brand features (separate and apart from PLURIBUS’ trademarks).
6.4.If you have been given an explicit right to use any of PLURIBUS’ domain names and other distinctive brand features in a separate written agreement with PLURIBUS, then you agree that your use of such features shall be in compliance with that agreement, and any applicable provisions of this EULA.
6.5.You agree that you shall not remove, obscure, or alter any proprietary rights or notices (including copyright and trademark notices) which may be affixed to or contained within the SOFTWARE and DOCUMENTATION.
7.License from PLURIBUS
7.1.PLURIBUS gives you a personal, worldwide, non-assignable, non-transferable, and non-exclusive license to use the SOFTWARE and DOCUMENTATION provided to you by PLURIBUS. Conditioned upon compliance with the terms and conditions of the Agreement, PLURIBUS grants to you a nonexclusive and nontransferable license to use for your internal business purposes the Software and the DOCUMENTATION for which you have paid the required license fees to an Approved Source. “DOCUMENTATION” means written information (whether contained in user or technical manuals, training materials, specifications or otherwise) pertaining to the SOFTWARE and made available by an Approved Source with the SOFTWARE in any manner (including on CD-Rom, or on-line). In order to use the SOFTWARE, you may be required to input a registration number or product authorization key and register your copy of the SOFTWARE online at PLURIBUS ' website to obtain the necessary license key or license file.
7.2.Your license to use the SOFTWARE shall be limited to, and you shall not use the SOFTWARE in excess of, a single hardware chassis or card or such other limitations as are set forth in the applicable Supplemental License Agreement or in the applicable Purchase Agreement or purchase order which has been accepted by an Approved Source and for which you have paid to an Approved Source the required license fee (the “Purchase Order”).
7.3.Unless otherwise expressly provided in the DOCUMENTATION or any applicable Supplemental License Agreement, you shall use the SOFTWARE solely as embedded in, for execution on, or (where the applicable DOCUMENTATION permits installation on non-Pluribus equipment) for communication with PLURIBUS equipment owned or leased by you from an Approved Source and used for your internal business purposes. No other licenses are granted by implication, estoppel or otherwise.
7.4.You may not (and you may not permit anyone else to) copy, modify, create a derivative work of any DOCUMENTATION, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by PLURIBUS, in writing.
7.5.This is a license, not a transfer of title, to the Software and DOCUMENTATION, and PLURIBUS retains ownership of all copies of the SOFTWARE and DOCUMENTATION. Customer acknowledges that the SOFTWARE and DOCUMENTATION contain trade secrets of PLURIBUS or its suppliers or licensors, including but not limited to the specific internal design and structure of individual programs and associated interface information. Except as otherwise expressly provided under this EULA, you shall have no right, and you specifically agree not to:
i) transfer, assign or sublicense its license rights to any other person or entity (other than in compliance with any PLURIBUS relicensing/transfer policy then in force), or use the SOFTWARE on PLURIBUS equipment not purchased by you from an Approved Source or on secondhand PLURIBUS equipment, and you acknowledge that any attempted transfer, assignment, sublicense or use shall be void;
ii)make error corrections to or otherwise modify or adapt the SOFTWARE or create derivative works based upon the SOFTWARE, or permit third parties to do the same;
iii)reverse engineer or decompile, decrypt, disassemble or otherwise reduce the SOFTWARE to human-readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this restriction or except to the extent that PLURIBUS is legally required to permit such specific activity pursuant to any applicable open source license;
iv)publish any results of benchmark tests run on the SOFTWARE;
v)use or permit the SOFTWARE to be used on a service bureau or time sharing basis as relates to direct shared use of such SOFTWARE (and not to applications or services running upon or utilizing such SOFTWARE), without the express written authorization of PLURIBUS; or
vi)disclose, provide, or otherwise make available trade secrets contained within the SOFTWARE and DOCUMENTATION in any form to any third party without the prior written consent of PLURIBUS. You shall implement reasonable security measures to protect such trade secrets
7.6.To the extent required by applicable law, and at your written request, PLURIBUS shall provide you with the interface information needed to achieve interoperability between the SOFTWARE and another independently created program, on payment of PLURIBUS’ applicable fee, if any. You shall observe strict obligations of confidentiality with respect to such information and shall use such information in compliance with any applicable terms and conditions upon which PLURIBUS makes such information available.
8.Ending your relationship with PLURIBUS
8.1.This EULA will continue to apply and will not come to an end until terminated by either you or PLURIBUS as set out below.
8.2.PLURIBUS shall terminate its legal agreement with you if: (a) you have breached any provision of this EULA (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this EULA), automatically and without requiring any further action by PLURIBUS; or (b) PLURIBUS is required to do so by law (for example, where the provision of the SOFTWARE or DOCUMENTATION to you is, or becomes, unlawful).
8.3.When this EULA comes to an end, all of the legal rights, obligations and liabilities that you and PLURIBUS have benefited from, been subject to (or which have accrued over time whilst this EULA has been in force) or which are expressed to continue perpetually, shall be unaffected by this cessation. Upon termination, you shall destroy all copies of SOFTWARE and DOCUMENTATION in your possession or control.
9.WARRANTY
9.1.Except as specifically warranted in the PURCHASE AGREEMENT, PLURIBUS disclaims all warranties as set forth in Section 10 of this agreement. Subject to the limitations and conditions set forth herein, PLURIBUS warrants that commencing from the date of shipment to you (but in case of resale by an Approved Source other than PLURIBUS, commencing not more than ninety (90) days after original shipment by PLURIBUS), and continuing for a period of the longer of (a) ninety (90) days or (b) the warranty period (if any) expressly set forth as applicable specifically to SOFTWARE in the warranty card accompanying the product of which the SOFTWARE is a part (the “Product”) (if any): (a) the media on which the SOFTWARE is furnished will be free of defects in materials and workmanship under normal use; and (b) the SOFTWARE substantially conforms to the DOCUMENTATION.
9.2.The date of shipment of a Product by PLURIBUS is set forth on the packaging material in which the Product is shipped. Except for the foregoing, the SOFTWARE is provided “AS IS”. This limited warranty extends only to the SOFTWARE purchased from an Approved Source by a user who is the first registered end user. Your sole and exclusive remedy and the entire liability of PLURIBUS and its suppliers under this limited warranty will be (i) replacement of defective media and/or (ii) at PLURIBUS ' option, repair, replacement, or refund of the purchase price of the SOFTWARE, in both cases subject to the condition that any error or defect constituting a breach of this limited warranty is reported to the Approved Source supplying the Software to you, within the warranty period. PLURIBUS or the Approved Source supplying the SOFTWARE to you may, at its option, require return of the SOFTWARE and/or DOCUMENTATION as a condition to the remedy.
9.3.In no event does PLURIBUS warrant that the SOFTWARE is error free or that you will be able to operate the SOFTWARE without problems or interruptions. In addition, due to the continual development of new techniques for intruding upon and attacking networks, PLURIBUS does not warrant that the SOFTWARE or any equipment, system or network on which the SOFTWARE is used will be free of vulnerability to intrusion or attack.
9.4.This warranty does NOT apply if the SOFTWARE, Product or any other equipment upon which the SOFTWARE is authorized to be used (a) has been altered, except by PLURIBUS or its authorized representative, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by PLURIBUS, (c) has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident; or (d) is licensed for beta, evaluation, testing or demonstration purposes. The SOFTWARE warranty also does not apply to (e) any temporary SOFTWARE modules; (f) any SOFTWARE not posted on the software update or support site on Pluribus’ web page: (g) any SOFTWARE that PLURIBUS expressly provides on an “AS IS” basis on PLURIBUS software update or support site on Pluribus’ web page: (h) any SOFTWARE for which PLURIBUS or an Approved Source does not receive a license fee; and (i) SOFTWARE supplied by any third party which is not an Approved Source.
10.EXCLUSION OF WARRANTIES
10.1.NOTHING IN EULA, INCLUDING SECTIONS 10 AND 11, SHALL EXCLUDE OR LIMIT PLURIBUS’ WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED IN ALL CASES TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10.2.YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SOFTWARE AND DOCUMENTATION IS AT YOUR SOLE RISK AND THAT THE SOFTWARE AND DOCUMENTATION IS PROVIDED “AS IS” AND “AS AVAILABLE.”
10.3.IN PARTICULAR, PLURIBUS DOES NOT REPRESENT OR WARRANT TO YOU THAT:
a)YOUR USE OF THE SOFTWARE AND DOCUMENTATION WILL MEET YOUR REQUIREMENTS,
b)YOUR USE OF THE SOFTWARE OR ACCESS TO THE DOCUMENTATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
c)ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SOFTWARE AND DOCUMENTATION WILL BE ACCURATE OR RELIABLE, AND
d)THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU WILL BE CORRECTED.
10.4.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU, AND NOT PLURIBUS, WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
10.5.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PLURIBUS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS EULA.
10.6.PLURIBUS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11.LIMITATION OF LIABILITY
11.1.SUBJECT TO THE OVERALL PROVISION IN PARAGRAPH 10.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT PLURIBUS, SHALL NOT BE LIABLE TO YOU FOR:
a)ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
b)ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
1.ANY CHANGES WHICH PLURIBUS MAY MAKE TO THE SOFTWARE OR DOCUMENTATION, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SOFTWARE (OR ANY FEATURES WITHIN THE SOFTWARE); OR
2.THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SOFTWARE.
11.2.THE LIMITATIONS ON PLURIBUS’S LIABILITY TO YOU IN PARAGRAPH 11.1 ABOVE SHALL APPLY WHETHER OR NOT PLURIBUS HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
11.3.IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PLURIBUS EXCEED $5,000. OR EXCEED THE PRICE PAID BY CUSTOMER TO ANY APPROVED SOURCE FOR THE SOFTWARE THAT GAVE RISE TO THE CLAIM OR IF THE SOFTWARE IS PART OF ANOTHER PRODUCT, THE PRICE PAID FOR SUCH OTHER PRODUCT. THIS LIMITATION OF LIABILITY FOR SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT (I.E. THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT).
11.4.You acknowledge and agree that PLURIBUS has set its prices and entered into this EULA and any Purchase Agreement or Purchase Order with you in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.
12.The Software may contain or be delivered with one or more components, which may include third-party components, identified by Pluribus in the Documentation, readme.txt file, third-party click-accept or elsewhere (e.g. on www.pluribusnetworks.com) (the “Identified Component(s)”) as being subject to different license agreement terms, disclaimers of warranties, limited warranties or other terms and conditions (collectively, “Additional Terms”) than those set forth herein. You agree to the applicable Additional Terms for any such Identified Component(s).
12.1.Notwithstanding other statements in this EULA, third party software including free, Copyleft and open source software components (collectively referred to as “Third Party Software”) are distributed in compliance with the particular licensing terms and conditions attributable to the Third Party Software. PLURIBUS provides the Third Party Software to You “AS IS” without any warranties or indemnities of any kind.
12.2.Copyright notices and licensing terms and conditions applicable to the Third Party Software will be available for review on the Pluribus’ web site, and are included on the media on which you received the SOFTWARE within a “ATTRIBUTIONS” file (e.g., attributions.pdf or attributions.txt) included within the downloaded files, and/or reproduced within the materials or DOCUMENTATION accompanying the SOFTWARE.
13.Audit
13.1.PLURIBUS reserves the right to take steps PLURIBUS believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this EULA. You agree that PLURIBUS has the right, without liability to you, to disclose any USAGE INFORMATION to law enforcement authorities, government officials, and/or a third party, as PLURIBUS believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this EULA (including but not limited to PLURIBUS’ right to cooperate with any legal process relating to your use of the SOFTWARE, and/or a third-party claim that your use of the SOFTWARE is unlawful and/or infringes such third party rights).
14.General legal terms
14.1.This EULA constitutes the whole legal agreement between you and PLURIBUS and governs your use of the SOFTWARE and DOCUMENTATION and completely replaces any prior agreements between you and PLURIBUS in relation to the SOFTWARE and DOCUMENTATION (but excluding any SOFTWARE and DOCUMENTATION which PLURIBUS may provide to you under a separate written agreement).
14.2.You agree that PLURIBUS may provide you with notices, including those regarding changes to this EULA, by email, regular mail, or via the user interface implemented by the SOFTWARE.
14.3.You agree that if PLURIBUS does not exercise or enforce any legal right or remedy which is contained in this EULA (or which PLURIBUS has the benefit of under any applicable law), this will not be taken to be a formal waiver of PLURIBUS’ rights and that those rights or remedies will still be available to PLURIBUS.
14.4.If any court of law or arbitration panel, having the jurisdiction to decide on this matter, rules that any provision of this EULA is invalid, then that provision will be removed from this EULA without affecting the rest of this EULA. The remaining provisions of this EULA will continue to be valid and enforceable.
14.5.You and PLURIBUS agree that this EULA, and your relationship with PLURIBUS under this EULA, shall be governed by the laws of the State of California without regard to its conflict of laws provisions.
14.6.The SOFTWARE and DOCUMENTATION is deemed to include “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 DOCUMENTATION by the United States Government shall be governed solely by this EULA.
14.7.In the event that the Uniform Computer Information Transaction Act, any version thereof or a substantially similar law (collectively “UCITA”) is enacted and/or interpreted as to be applicable to the performance of PLURIBUS under this Agreement, the statute shall not govern any aspect of this Purchase Agreement, any license granted hereunder, nor any of the rights and obligations of the parties pursuant to this EULA.
14.8.You agree that the SOFTWARE and DOCUMENTATION will not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other exports laws, restrictions, or regulations. All rights to use the SOFTWARE and DOCUMENTATION are granted on condition that such rights are forfeited if you fail to comply with this EULA.
14.9.ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND PLURIBUS, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, “PLURIBUS”) arising from or relating to this EULA, its interpretation, or the breach, termination or validity thereof, the relationships which result from this EULA (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement) SHALL BE EXCLUSIVELY AND FINALLY SETTLED BY ARBITRATION. THE ARBITRATION SHALL BE HELD IN SANTA CLARA, CALIFORNIA AND CONDUCTED IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION SHALL BE CONDUCTED BEFORE THREE ARBITRATORS, ONE SELECTED BY EACH OF THE PARTIES, AND THE THIRD SELECTED BY THE FIRST TWO ARBITRATORS. JUDGMENT UPON THE AWARD RENDERED MAY BE ENTERED IN ANY COURT HAVING JURISDICTION, OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF THE AWARD AND IN ORDER OF ENFORCEMENT AS THE CASE MAY BE.