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Terms and Conditions of Use
Terms & Conditions:
                                                                                   ARUBA LABS 
                                                               SOFTWARE DEVELOPMENT KIT LICENSE

This Aruba Networks Software Development Kit ("SDK") License Agreement ("Agreement") by and between Aruba Networks, Inc., a Delaware corporation with principal offices at 1322 Crossman Avenue, Sunnyvale, CA 94089 ("Aruba") and You ("Licensee") and shall be effective as of Licensee's acceptance hereof ("Effective Date").


1.	Background

The SDK, comprised of sample code, object files, libraries and related documentation provided to the Licensee pursuant to this Agreement to assist the Licensee in the creation of software programs that operate with Aruba hardware or software is made available by Aruba to assist developers in integrating certain functionality of the Aruba software into new software applications. This agreement applies to any updates, supplements or support services for the SDK, unless other terms accompany those items. If so, those other terms apply.
  
Some of the components of the SDK have been derived from software code licensed under the GNU General Public License. The source code for these components is included within the SDK and Licensee is free to modify and redistribute the source code in accordance with the terms of the GNU General Public License.

Aruba reserves the right to discontinue offering the SDK or to modify the SDK at any time in its sole discretion. If Licensee is dissatisfied with any aspect of the SDK, Licensee's sole and exclusive remedy is to cease using them. Aruba may, in its sole discretion, terminate or suspend access to the SDK to Licensee at any time.
  
By installing, accessing or otherwise using the SDK, Licensee accepts the terms of this agreement. If Licensee does not agree to the terms of this agreement, do not install, access or use the SDK.

2.	Non-Compete.  

By entering into this Agreement, Licensee is representing and warranting that (a) Licensee is not a competitor of Aruba; (b) Licensee is not an affiliate, wholly-owned subsidiary or parent company of an Aruba competitor; and (c) no Licensee employees who will have access to the SDK are officers or directors of competitors.

3. 	License Grant

Pursuant to the terms and conditions of this License, you are granted a nonexclusive, non-transferable license to (i) use, modify and create derivative works ("Derivative Works") of the sample code included in the SDK which is not licensed under the GNU General Public License for the sole purpose of developing software programs that operate with Aruba hardware or software, and to distribute such Derivative Works; provided that no license is granted herein under any patents that may be infringed by the Derivative Works or by other works in which the Aruba software may be incorporated.

4. 	Restrictions

a. With the exception of the components of the SDK that are distributed under the terms of the GNU General Public License, Licensee shall not:
   i. make or distribute copies of the SDK, or electronically transfer the SDK, to a third party.
   ii. modify, sell, rent, transfer, resell for profit, distribute the SDK or any part thereof.
   iii. export or re-export, directly or indirectly, the SDK into any country prohibited by the United States Export Administration Act and the regulations thereunder
b. No names, trademarks, service marks or logos of Aruba may be used to endorse Derivative Works without specific prior written permission from Aruba
c. Any direct or indirect distribution of any Derivative Works by Licensee shall be under the terms of an end user license agreement containing terms that: (i) prohibit any modifications to the Derivative Works or any part thereof, (ii) prohibit any reverse engineering, disassembly or recompilation of the Derivative Works or any part thereof, (iii) disclaim any and all warranties on behalf of Aruba and each of its licensors, (iv) disclaim, to the extent permitted by applicable law, liability of Aruba and/or its licensors for any damages, whether direct, indirect, incidental or consequential, arising from the use of the Derivative Works, (v) require the end user to comply fully with all relevant export laws and regulations of the United States to assure that the Derivative Works or any part thereof is not exported, directly or indirectly, in violation of United States law, and (vi) include the appropriate copyright notice.

5.  Software Defect Reporting 

If Licensee finds software defects in the SDK Licensee should report them to Aruba. Aruba will evaluate and, at its sole discretion, may address them in a future revision of the SDK.

6.  Updates 

Licensee understands and agrees that Aruba may amend, modify, change, and cease distribution or production of the SDK at any time. The Licensee     understands that this Agreement does not entitle the Licensee to receive  any upgrades, updates, or future versions of, or any support for, the SDK 

7.  Ownership.

With the exception of the components of the SDK that are licensed under the GNU General Public License, Aruba and its suppliers or licensors if applicable shall retain all right, title, and interest to the SDK and any respective part thereof and all intellectual property rights therein. All rights not expressly granted herein are reserved by Aruba and its suppliers or licensors. Licensee and its suppliers or licensors if applicable shall retain all right, title, and interest to those elements of any Derivative Works written or produced by Licensee.

8.  Right of First Refusal.

Licensee shall provide Aruba with the right of first refusal to negotiate in good faith to incorporate the Derivative Works into Aruba products at terms to be determined by mutual agreement of the parties.

9.  Termination

Either party may terminate this License immediately if the other party materially defaults in the performance of any provision of this License.  Upon the termination of this License, the rights and licenses granted to Licensee by Aruba will automatically cease.

10.	Indemnity

The Licensee will indemnify and hold Aruba harmless from any third party claim, loss, or damage (including attorney's fees) related to the Derivative Works, the Licensee's use of the SDK, or any violation or breach by the Licensee of the restrictions and covenants set forth herein.

11.	Disclaimer of Warranties

THE SDK IS PROVIDED TO THE LICENSEE FREE OF CHARGE, AND ON AN "AS IS" BASIS AND "WITH ALL FAULTS", WITHOUT ANY TECHNICAL SUPPORT OR WARRANTY OF ANY KIND FROM ARUBA. THE LICENSEE ASSUMES ALL RISKS THAT THE SDK IS SUITABLE OR ACCURATE FOR THE LICENSEE'S NEEDS AND THE LICENSEE'S USE OF THE SDK IS AT THE LICENSEE'S OWN DISCRETION AND RISK. ARUBA AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES FOR THE SDK INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT.

12.	Limitation of Liability

NEITHER ARUBA NOR ITS SUPPLIERS OR LICENSORS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS), ARISING OUT OF THIS AGREEMENT WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ARUBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.	General 

This License shall be governed by and construed in accordance with the laws of the State of California, without applying conflicts of law rules. The prevailing party in any dispute shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith.  For all purposes of this Agreement the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.
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