ARRAY NETWORKS, INC. END USER LICENSE …

1 ARRAY NETWORKS, INC. END user LICENSE agreement IMPORTANT-READ CAREFULLY: THIS ARRAY NETWORKS, INC. END user LICENSE agreement ( agreement ) IS A LEGAL agreement BETWEEN YOU, EITHER ON BEHALF OF YOURSELF AS AN INDIVIDUAL OR ON BEHALF OF AN ENTITY AS ITS AUTHORIZED REPRESENTATIVE ( YOU OR YOUR ) AND ARRAY NETWORKS, INC. ( ARRAY NETWORKS ). PLEASE READ THIS agreement CAREFULLY AND RETAIN A COPY FOR YOUR RECORDS. THIS agreement SUPERSEDES ALL PREVIOUS VERSIONS.

2 BY SELECTING I ACCEPT OR INSTALLING, DOWNLOADING OR OTHERWISE USING THIS SOFTWARE PROGRAM FROM ARRAY NETWORKS, YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS agreement . IF YOU DO NOT AGREE TO THE TERMS OF THIS agreement , THE INSTALLATION/DOWNLOAD PROCESS WILL NOT CONTINUE. 1. LICENSE . Subject to your compliance with the terms and conditions of this agreement , ARRAY Networks grants to you a personal, non-transferable, non-exclusive, limited LICENSE to use the ARRAY Networks software, in object code form only, (the Software ) and any related documentation provided by ARRAY Networks, only to establish VPN connectivity to your company s network through ARRAY Networks SPX hardware gateways.

3 2. LICENSE Limitations and Restrictions. You may install the Software only on your company s personal computers that will access your company s VPN through ARRAY Networks hardware SPX gateways. This agreement does not permit you or any third party to: (i) use the Software in conjunction with any non- ARRAY Networks SPX hardware gateways or products, (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law, notwithstanding this prohibition) or otherwise attempt to discover the source code of all or any portion of the Software.

4 (iii) modify, translate or create derivative works of all or any portion of the Software; (iv) copy the Software (other than a single copy made solely for back-up or archival purposes); (v) rent, lease, sell, offer to sell, distribute, or otherwise transfer rights to the Software; or (vi) remove any proprietary markings, copyright, notices, logos, trademarks, trade names or labels on the Software and/or the documentation. Except as expressly set forth in Section 1, no licenses of any kind are granted hereunder, whether by implication, estoppel or otherwise.

5 There are no implied rights. All rights not expressly granted by ARRAY Networks are reserved. 3. Disclaimer of Warranty. YOU AGREE THAT ARRAY NETWORKS AND ITS LICENSORS PROVIDE THE SOFTWARE ON AN AS IS AND WHERE-AS BASIS. NEITHER ARRAY NETWORKS NOR ITS LICENSORS MAKE ANY WARRANTIES WITH RESPECT TO THE PERFORMANCE OF THE SOFTWARE. ARRAY NETWORKS AND ITS LICENSORS EXPRESSLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

6 4. Limitation of Liability. NEITHER ARRAY NETWORKS NOR ITS LICENSORS WILL BE LIABLE FOR SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR INDIRECT DAMAGES, RELATED TO THIS agreement , INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR DAMAGES ARISING FROM LOSS OF USE, LOSS OF CONTENT OR LOSS OF DATA, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES MAY BE BASED (INCLUDING NEGLIGENCE), AND EVEN IF ARRAY NETWORKS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS agreement FAILS OF ITS ESSENTIAL PURPOSE.

7 IN NO EVENT WILL ARRAY NETWORKS AGGREGATE LIABILITY UNDER THIS agreement EXCEED FIVE HUNDRED DOLLARS (US $500). 5. Term and Termination. This agreement is effective as of the date you click I Accept or otherwise install and/or download the Software and will continue unless otherwise terminated. You may terminate this agreement at any time by destroying all copies of the Software and documentation. This agreement will terminate immediately without notice from ARRAY Networks if you fail to comply with any provision of this agreement .

8 Upon termination, you must destroy all copies of the Software and documentation. Except for the LICENSE granted under Section 1, all provisions of this agreement will survive termination. 6. Ownership. The Software and documentation are licensed, not sold, to you. ARRAY Networks or its licensors retain all right, title and interest, including all intellectual property rights, in and to the Software and documentation, and any and all improvement, updates, upgrades and new version thereof.

9 Nothing herein will give or be deemed to give you any right, title or interest in or to the same, except for the LICENSE expressly granted in Section 1 of this agreement . 7. Government End Users. The Software licensed under this agreement is "commercial computer software" as that term is described in DFAR (a)(1). If acquired by or on behalf of a civilian agency, the Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this agreement , as specified in (Computer Software) and (Technical Data) of the Federal Acquisition Regulations ( FAR ) and its successors.

10 If acquired by or on behalf of any agency within the Department of Defense ( DOD ), the Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this agreement , as specified in of the DOD FAR Supplement and its successors. 8. General. You may not assign this agreement in whole or in part, whether by contract, operation of law or otherwise, without the prior written consent of ARRAY Networks. This agreement will be governed by, and construed in accordance with, the laws of the State of California, excluding its choice of law provisions, and you and ARRAY Networks agree to submit to the personal and exclusive jurisdiction of the courts located in Santa Clara, California.