NetScreen-Remote License PLEASE READ THIS LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THIS PRODUCT. BY INSTALLING AND OPERATING NETSCREEN-REMOTE ACCOMPANYING THIS AGREEMENT, YOU INDICATE YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT, ARE CONSENTING TO BE BOUND BY ITS TERMS, AND ARE BECOMING A PARTY TO THIS AGREEMENT. THIS AGREEMENT IS A VALID AND BINDING OBLIGATION ON YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT START THE INSTALLATION PROCESS. This is a license, not a sales agreement, between you, as an End User or as the Administrator (each as defined below), and NetScreen Technologies, Inc. ("NetScreen"), as the owner and provider of "NetScreen-Remote." NetScreen-Remote consists of NetScreen proprietary software and third party software licensed or sublicensed, to you, as part of a single product, for use within a single network. "Administrator" means the individual or group within the purchasing organization that is responsible for managing network security access, including setting security policies, configuring NetScreen- Remote, and allowing End Users to download NetScreen-Remote or otherwise installing NetScreen-Remote on End User equipment. "End User" means your employees, contractors, and consultants performing services for you in connection with your network, authorized by the Administrator to install and use NetScreen-Remote on a single computer subject to the terms and conditions of this license. Any and all documentation and all software releases, corrections, updates, and enhancements that are or may be provided to you by NetScreen shall be considered part of NetScreen-Remote and be subject to the terms of this Agreement. 1. License Grant. Subject to the terms of this Agreement, NetScreen grants you a limited, non-transferable, non-exclusive, revocable, license and right to: a. Install and use, on a single computer for use by the Administrator, one (1) copy of NetScreen-Remote to manage security policies for up to 10, 100, 1000 or more End Users, as indicated on the license certificate(s) provided to you by NetScreen; and b. Download and install a single copy of NetScreen-Remote on each of 10, 100, 200, 500, 1000 or more End User computers as indicated on the license certificate(s) provided to you by NetScreen. Licenses that authorize use of NetScreen-Remote with a greater number of End Users are available as upgrades and may be purchased from NetScreen as required by you. You must purchase all license upgrades separately. You shall ensure that End Users agree to be bound by the terms and conditions of this Agreement. 2. Use Within a Single System and Network. The foregoing license and rights are granted only to you for use by your Administrator and End Users. NetScreen-Remote must be used in the manner set forth in the applicable documentation. NetScreen- Remote is considered "in use" when its software is loaded into permanent or temporary memory (i.e. RAM). The Administrator may make one (1) copy of NetScreen-Remote for backup and recovery purposes. Other than the rights explicitly granted herein, no right to copy, distribute, or sell, and no other right to install and use NetScreen-Remote, or any component thereof, is granted to you. 3. Limitation on Use.You are only licensing the rights set forth above to NetScreen- Remote. Except only as specifically described above, you may not engage in activity designed (or otherwise attempt), and if you are a corporation will use your best efforts to prevent your employees and contractors from engaging in activity designed (or otherwise attempting): (a) to modify, translate, reverse engineer, decompile, disassemble, create derivative works of, or distribute NetScreen-Remote (or any component thereof) and the accompanying documentation; (b) to distribute, sell, transfer, sublicense, rent, or lease any rights in NetScreen-Remote (or any component thereof) or accompanying documentation in any form to any person; or (c) to remove any proprietary notice, product identification, copyright notices, other notices or proprietary restrictions, labels, or trademarks on NetScreen-Remote, documentation, and containers. NetScreen-Remote is not designed or intended for use in online control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the development, design, construction, operation or maintenance of nuclear, chemical, or biological weapons of mass destruction or any nuclear facility. You warrant that you will not use or redistribute NetScreen-Remote (or any component thereof) for such purposes. 4. Proprietary Rights. All rights, title and interest in and to, and all intellectual property rights, including copyrights, in and to NetScreen-Remote and documentation, remain with NetScreen. You acknowledge that no title or interest in and to the intellectual property associated with or included in NetScreen-Remote and NetScreen products is transferred to you and you will not acquire any rights to NetScreen-Remote except for the license as specifically set forth herein. 5. Term and Termination. The term of the license is for the duration of NetScreen's copyright in NetScreen-Remote. NetScreen may terminate this Agreement immediately without notice if you breach or fail to comply with any of the terms and conditions of this Agreement. You agree that, upon such termination, you will either destroy all copies of the documentation or return all materials to NetScreen. The provisions of this Agreement, other than the license granted in Section 1 ("License Grant") shall survive termination. 6. Limited Warranty. The sole warranty provided under this Agreement and with respect to the NetScreen-Remote is set forth in NetScreen's Remote Warranty. THE NETSCREEN REMOTE WARRANTY CONTAINS IMPORTANT LIMITS ON YOUR WARRANTY RIGHTS. THE WARRANTIES AND LIABILITIES SET FORTH IN THE REMOTE WARRANTY ARE EXCLUSIVE AND ESTABLISH NETSCREEN'S ONLY OBLIGATIONS AND YOUR SOLE RIGHTS WITH RESPECT TO NETSCREEN- REMOTE AND THIS AGREEMENT. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. 7. Limitation of Liability. Your exclusive remedy for any claim in connection with NetScreen-Remote and the entire liability of NetScreen are set forth in the NetScreen Remote Warranty. Except to the extent provided in the Remote Warranty, if any, IN NO EVENT WILL NETSCREEN OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS OR LOST DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF NETSCREEN OR ITS AFFILIATE OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER OR NOT ANY REMEDY PROVIDED SHOULD FAIL OF ITS ESSENTIAL PURPOSE. THE TOTAL CUMULATIVE LIABILITY TO YOU, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE PURCHASE PRICE OF NETSCREEN-REMOTE PAID BY YOU. YOU ACKNOWLEDGE THAT THE AMOUNT PAID FOR NETSCREEN-REMOTE REFLECTS THIS ALLOCATION OF RISK. 8. Export Law Assurance. You understand that NetScreen-Remote is subject to export control laws and regulations. YOU MAY NOT DOWNLOAD OR OTHERWISE EXPORT OR RE-EXPORT NETSCREEN-REMOTE OR ANY UNDERLYING INFORMATION OR TECHNOLOGY, EVEN IF TO DO SO WOULD BE ALLOWED UNDER THIS AGREEMENT, EXCEPT IN STRICT COMPLIANCE WITH ALL UNITED STATES AND OTHER APPLICABLE LAWS AND REGULATIONS. Specifically, you agree that you are responsible for obtaining licenses to export, re- export, or import NetScreen-Remote. NetScreen-Remote may not be downloaded, or NetScreen-Remote otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria, or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's lists of Specially Designated Nationals, Specially Designated Terrorists, or Specially Designated Narcotic Traffickers, or otherwise on the U.S. Commerce Department's Table of Denial Orders. 9. U.S. Government Restricted Rights. NetScreen-Remote is "commercial computer software" and is provided with restricted rights. Use, duplication, or disclosure by the United States government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227- 7013(c)(1)(ii) (OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227- 14(ALT III), as applicable. 10. Tax Liability. You agree to be responsible for the payment of any sales or use taxes imposed at any time whatsoever on this transaction. 11. General. If any provisions of this Agreement are held invalid, the remainder shall continue in full force and effect. The laws of the State of California, excluding the application of its conflicts of law rules shall govern this Agreement. The United Nations Convention on the Contracts for the International Sale of Goods will not govern this Agreement. This Agreement is the entire agreement between the parties as to the subject matter hereof and supersedes any other agreements, advertisements, or understandings with respect to NetScreen-Remote and documentation. This Agreement may not be modified or altered, except by written amendment, which expressly refers to this Agreement and which, is duly executed by both parties. You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. THE SPECIFICATIONS REGARDING THE NETSCREEN PRODUCTS IN THIS DOCUMENTATION ARE SUBJECT TO CHANGE WITHOUT NOTICE. ALL STATEMENTS, INFORMATION, AND RECOMMENDATIONS IN THIS DOCUMENTATION ARE BELIEVED TO BE ACCURATE BUT ARE PRESENTED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ADMINISTRATORS AND END USERS MUST TAKE FULL RESPONSIBILITY FOR THEIR USE AND APPLICATION OF ANY NETSCREEN PRODUCTS. NO PART OF THIS DOCUMENTATION MAY BE REPRODUCED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, ELECTRONIC OR MECHANICAL, FOR ANY PURPOSE, WITHOUT RECEIVING WRITTEN PERMISSION FROM NETSCREEN. Copyright © 1998-2002 NetScreen Technologies, Inc. All rights reserved. NetScreen, NetScreen Technologies, and the NetScreen logo are registered trademarks of NetScreen Technologies, Inc. and NetScreen-Global PRO, NetScreen-Remote, GigaScreen, and NetScreen ScreenOS are trademarks of NetScreen Technologies, Inc. All other trademarks and registered trademarks are the property of their respective companies. No part of this document may be reproduced or transmitted in any form or by any means, electronic or mechanical, for any purpose, without receiving written permission from NetScreen Technologies, Inc., 350 Oakmead Parkway, Sunnyvale, CA 94085