DEVCENTRAL END-USER LICENSE AGREEMENT

DEVCENTRAL END-USER LICENSE AGREEMENT

Effective: January 24, 2022

IMPORTANT-READ CAREFULLY: This F5 End User License Agreement (“License”) is a legal agreement between you (either an individual or a single entity) and F5, Inc. for materials obtained from and participation in the F5 DevCentral site, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (“Software Product”). By installing, copying, or otherwise using the Software Product, you agree to be bound by the terms of this License. If you do not agree to the terms of this License, do not install or use the Software Product.

 

The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold.

 

1. GRANT OF LICENSE

(a) This License grants you the following rights:

 

1. Software Product. F5 grants to you a non-transferable, nonexclusive license to make and use copies of the Software Product for the sole purposes of designing, developing, and testing your software product(s). You may install copies of the Software Product on an unlimited number of computers within your organization provided that you remain responsible for the compliance of each user with the terms and conditions hereof.

 

1. Electronic Documents. Solely with respect to electronic documents included with the Software Product, you may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed to any third party.

 

iii. Storage/Network Use. You may also store or install a copy of the Software Product on a storage device, such as a network server, used only to install or run the Software Product on your other computers over an internal network.

 

(b) Control Library and Sample Code.

 

1. In addition to the rights granted in Section 1(a.i), in the event the Software Product you are licensing is part of an iControl library or sample code identified in the F5 code share, F5 grants you a non-exclusive, royalty-free right to modify the source code version of those portions of the Software Product for the sole purposes of designing, developing, and testing your software product(s), provided that you comply with Section 1(b.iii), below.

 

1. Redistributable Files. In addition to the rights granted in Section 1( b.i. ), F5 grants you a nonexclusive, royalty-free right to reproduce and distribute in object code form only the iControl library and sample code, provided that you comply with Section 1( b.iii. ), below.

 

iii. Redistribution Requirements. If you wish to distribute the Redistributable Files (or any portion thereof), you agree to: ( 1 ) distribute the Redistributable Files in object code only in conjunction with and as a part of a software product (each, a “Licensee Product”) developed by you that is based on the Software Product and adds significant and primary functionality to an F5 product; (2) not use F5’s name, logo, or trademarks to market your Licensee Product unless you have obtained prior written approval from F5; (3) include a valid copyright notice on your Licensee Product and not remove any copyright, trademark, or other proprietary notices including attribution information, credits, and notices already placed in the Software Product; (4) indemnify, hold harmless, and defend F5 from and against any claims or lawsuits, including attorneys’ fees, that arise or result from the use or distribution of your Licensee Product or your distribution of the Redistributable Files; (5) distribute all of the files listed under each of the headings in the Samples Directory; (6) not permit further distribution of the Redistributable Files, except as specifically provided for in this Agreement. Other than for iControl libraries and sample code, Software Products may not be redistributed without the prior written consent of F5.

 

(c) The following exceptions apply to subsection 1( b.iii )(6), above:

 

(A) you may permit further redistribution of the Limited Use Redistributable Files by your distributors to your end-user customers if your distributors only distribute the Limited Use Redistributable Files in conjunction with, and as part of, your Licensee Product and you and your distributors comply with all other terms of this License;

 

(B) you may permit your end users to reproduce and distribute the object code version of the Limited-Use Redistributable files for use in development of an application created by your end user (“End User Application”), provided that your end user agrees in writing to:

 

(i) distribute the Limited-Use Redistributable Files in object code only in conjunction with and as a part of a software application product developed by them that adds significant and primary functionality to the Limited-Use Redistributable Files (“End User Application”);

 

(ii) not use F5’s name, logo, or trademarks to market the End User Application unless it has obtained prior written approval from F5;

 

(iii) include a valid copyright notice on the End User Application and not remove any copyright, trademark, or other proprietary notices including attribution information, credits, and notices already placed in the Software Product;

 

(iv) indemnify, hold harmless, and defend F5 from and against any claims or lawsuits, including attorney’s fees, that arise or result from the use or distribution of the End User Application; (v) disclaim all express and implied warranties on behalf of F5, and exclude liability of F5 and its licensors for any special, indirect, exemplary, incidental or consequential damages;

 

(vi) not distribute less than all of the files listed under each of the headings in the Samples Directory file if your end user distributes any one or more of such files in an End User Application; and (vii) not permit further distribution of the Limited-Use Redistributable Files by the user of the End User Application. Limited-Use Redistributable Files: the Limited-Use Redistributable Files are all of the files listed in an iControl library or sample code identified in the F5 code share, except those in Section 3.

 

2. COPYRIGHT.

All title and copyrights in and to the Software Product (including but not limited to any images, photographs, and text incorporated into the Software Product), the accompanying printed materials, and any copies of the Software Product are owned by F5 and their respective copyright owners. The Software Product is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software Product like any other copyrighted material except that you may install the Software Product on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the Software Product.

 

3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

(a) Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

 

(b) Separation of Components. The Software Product is licensed as a single product. Its component parts may not be separated for use on more than one computer.

 

(c) Rental. You may not rent, lease, or lend the Software Product.

 

(d) Support Services. F5 may, but shall be under no obligation to, correct any defects in the Software Product and/or provide updates to licensees of the Software Product. You shall make reasonable efforts to promptly report to F5 any defects you find in the Software Product, as an aid to creating improved revisions of the Software Product. You shall be solely responsible for, and F5 shall have no obligation to honor, any warranties that you provide to your customers or to end users with respect to the Software Product or Licensee Products. You shall defend any claim against F5 arising in connection with any such warranties, express, implied, statutory, or otherwise, and shall pay any settlements or damages awarded against F5 that are based on any such warranties.

 

(e) Assignment. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns, provided, however that you may not assign this Agreement or any rights or obligation hereunder, directly or indirectly, by operation of law or otherwise, without the prior written consent of F5, and any such attempted assignment shall be void. Notwithstanding the foregoing, ( i ) you may assign this Agreement to a successor to all or substantially all of your business or assets to which this Agreement relates that is not a competitor of F5, and (ii) you shall have the right to transfer your rights hereunder to any company which is wholly owned by you provided such successor or subsidiary agrees in writing to be bound by all the terms and conditions of this Agreement that are applicable to you.

 

(f) Termination. Without prejudice to any other rights, F5 may terminate this License if you fail to comply with the terms and conditions of this License. In such event, you must destroy all copies of the Software Product and all of its component parts.

 

(g) No Other Rights Granted. Apart from the license rights expressly set forth in this Agreement, F5 does not grant and you do not receive any ownership right, title or interest nor any security interest or other interest in any intellectual property rights relating to the Software Product, nor in any copy of any part of the foregoing. You shall not use, license, sell or otherwise distribute the Software Product or any Licensee Product except as provided in this Agreement.

 

4. U.S. GOVERNMENT RESTRICTED RIGHTS.

The Software Product and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c )(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs ( c )(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.

Manufacturer is F5, Inc./801 5^th Ave West/Seattle, WA 98104.

 

5. EXPORT RESTRICTIONS.

You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit ( i ) the SOFTWARE or related documentation and technical data or (ii) your software product as described in Section 1( f ) of this License (or any part thereof), or process, or service that is the direct product of the SOFTWARE, to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.

 

6. PARTICIPATION IN THE DEVCENTRAL COMMUNITY.

You agree to comply with the Terms of Use for the F5 website on which DevCentral is hosted. Any personal information you provide when participating in the DevCentral community will be treated in accordance with the F5 Privacy Notice.

 

7. LIMITATION OF LIABILITY.

(a) THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE DevCentral WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DevCentral AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE DevCentral WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE DevCentral WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DevCentral WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DevCentral WEB SITE. Service Contact: devcentral@f5.com.

 

(b) THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Software Product IS PROVIDED “AS IS” AND F5 AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, BY STATUTE, COMMUNICATION OR CONDUCT WITH LICENSEE, OR OTHERWISE. F5 SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE OR NONINFRINGEMENT CONCERNING THE Software Product OR ANY UPGRADES TO OR DOCUMENTATION FOR THE Software Product. WITHOUT LIMITATION OF THE ABOVE, F5 GRANTS NO WARRANTY THAT THE Software Product IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION, AND GRANTS NO WARRANTY REGARDING ITS USE OR THE RESULTS THEREFROM INCLUDING, WITHOUT LIMITATION, ITS CORRECTNESS, ACCURACY OR RELIABILITY. NOTWITHSTANDING THE FOREGOING, F5 WARRANTS THAT IT HAS ALL THIRD PARTY LICENSE RIGHTS THAT ARE NECESSARY TO GRANT THE LICENSE RIGHTS SET FORTH HEREIN.

 

(c) IN NO EVENT SHALL F5 HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, EVEN IF F5 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT WITH RESPECT TO THE WARRANTY SET FORTH IN THE LAST SENTENCE OF THE “LIMITED WARRANTY” SECTION ABOVE, F5’s ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS License SHALL NOT EXCEED ONE HUNDRED DOLLARS (US{0}00.00).

 

8. MISCELLANEOUS.

If you acquired this product in the United States, this License is governed by the laws of the State of Washington. If this product was acquired outside the United States, then local law may apply. Should you have any questions concerning this License, or if you desire to contact F5 for any reason, please contact the F5 location serving your country, or write: F5, Inc./Attn: Legal Department/801 5th Ave/Seattle, WA 98104. If you have a specific question regarding the licensing of redistributable files, you may call contact F5 at info@f5.com inquiries via fax to F5 SDK for iControl (206) 272-5556 (United States only).