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* BROCADE FABRIC OPERATING SYSTEM AND FEATURE LICENSES AND LICENSE KEYS *
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END USER LICENSE AGREEMENT
==========================

THIS END USER LICENSE AGREEMENT ("Agreement") GOVERNS THE DOWNLOAD, INSTALLATION,
USE, POSTING, DISTRIBUTING AND OTHERWISE MAKING AVAILABLE OF BROCADE'S FABRIC 
OPERATING SYSTEM ("FOS") SOFTWARE AND/ OR USE OF BROCADE FEATURE LICENSES AND 
LICENSE KEYS THAT ACTIVATE FOS OR FUNCTIONALITY WITHIN FOS, AND ACCOMPANYING 
DOCUMENTATION (collectively the "Software"). BY DOWNLOADING, INSTALLING, USING, 
POSTING, DISTRIBUTING OR OTHERWISE MAKING AVAILABLE THE SOFTWARE, OR BY 
PURCHASING, CONVERTING A TRANSACTION KEY INTO A LICENSE KEY, OR INSTALLING A 
LICENSE OR LICENSE KEY, YOU ARE AGREEING TO BE BOUND ON AN ONGOING BASIS BY THE 
TERMS AND CONDITIONS HEREIN, WHICH MAY BE UPDATED BY BROCADE FROM TIME TO TIME. 
IF AT ANY TIME YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PROMPTLY 
STOP USE OF THE SOFTWARE AND DESTROY ALL COPIES OF THE SOFTWARE IN YOUR 
POSSESSION OR CONTROL, AND CERTIFY IN WRITING TO BROCADE SUCH CESSATION OF USE 
AND DESTRUCTION.

Single User License
===================
Subject to the terms and conditions of this Agreement and payment of the applicable
license fees, Brocade Communications Systems LLC ("Brocade") and its suppliers grant
to you ("End User") a non-exclusive, non-transferable, non-assignable, non-sub licensable
license to use the Software in object code form (in the case of FOS) solely for the
purpose of operating Brocade storage area networking switches in accordance with the
section entitled "Restrictions" below. End User may make such backup copies of the
Software as may be necessary for End User's lawful use, provided End User affixes to
such copies all trademark, copyright, patent, and notices of other proprietary rights
that appear on the original.

FOS Licenses and License Keys
=============================
FOS Licenses are used to activate FOS features or functionality in Brocade switches.
FOS Licenses shall only be purchased from a Brocade authorized distributor or official
OEM partner, and FOS License Keys shall only be obtained through Brocade's License Portal
or an authorized OEM License Portal and shall only be used on Brocade switches purchased
through authorized channels. FOS License Keys obtained from any other sources are not
permitted to be used on any Brocade hardware products. FOS Licenses and License Keys
shall not be resold, assigned, sub-licensed or otherwise transferred to a third party.

Open Source Software
====================
Certain components of the Software may incorporate "open source" software. Open source
software is subject to the applicable open source license (e.g., the GNU General Public
License) and is not subject to this Agreement. To obtain a copy of the source code and
applicable licensing terms for the open source software used by Brocade, please download
the open source disclosure documents in the Broadcom Customer Support Portal (CSP). If
you do not have a CSP account or are unable to login, please contact your support
provider for this information. 

Restrictions
============
FOS is designed for use with Brocade hardware products sold through authorized sales
channels, and with hardware platforms that are currently supported by Brocade. End User
acknowledges that use of the Software on hardware products that do not meet the above
criteria, or which is inconsistent with the restrictions below, presents risks to the
security and quality of Products and to the Software, for which Brocade disclaims all
liability. Except as otherwise expressly provided in this Agreement or expressly
authorized by Brocade, End User shall have no right, and End User specifically agrees
not to, and not to permit third parties to: (i) modify, adapt, or create derivative
works based upon the Software; (ii) copy, in whole or in part, decompile, translate,
reverse engineer, disassemble or otherwise reduce the Software to humanreadable form;
(iii) install the Software on any products other than Brocade storage area networking
switches purchased by End User through authorized channels for its own use or for 
resale expressly authorized by Brocade; (iv) install or use the Software on products
in excess of the maximum number of Brocade storage area networking switches for which
End User is licensed; (v) install the Software on any Brocade storage area networking
switches that have reached End of Support as defined by Brocade, or refurbished devices,
except with Brocade's prior written consent, (vi) use the Software on any devices not
designated by Brocade for use with the Software (as notified through software release
notes and other notices), (vii) download, or make available for use or download, any
versions of the Software that have reached End of Support, as declared by Brocade, or
(viii) sub-license or permit third parties to post or otherwise make available, or
use the Software to provide support for Brocade products unless expressly authorized
by Brocade.

Upgrades and Additional Copies
==============================
For purposes of this Agreement, "Software" shall also include any upgrades, updates,
bug fixes or modified versions ("Upgrades") provided to End User by Brocade or an
authorized distributor and for which End User had paid the applicable license fees,
and any backup copies of the Software. Notwithstanding the foregoing, End User
acknowledges and agrees that Brocade and its resellers and distributors shall have
no obligation to provide any Upgrades. If Upgrades or additional copies of the
Software are provided, End User acknowledges and agrees that it has no license or
right to use such additional copies or Upgrades unless End User, at the time of
acquiring such copy or Upgrade, already holds a valid license to the original
Software for the applicable number of copies.

No Support
==========
Brocade may, but is not required to, provide technical support for the Software.

Security Notice
===============
Software may include security features that End User can use, along with other security
tools, to implement increased security in End User's storage area network ("SAN").
However, use of the security features of the Software does not guarantee the security
of End User's SAN or overall network. There are numerous factors that affect the security
of a SAN, including, without limitation, correct installation and setup of the security
features of Software and all related requirements, correctly configured security
policies, selection of hardware and software (including network security tools),
correct installation, configuration, and maintenance of the hardware and software,
the interoperability of the various components of End User's SAN and End User's network,
and a physically and electronically secure operating environment. In addition, Software
may utilize digital certificates in connection with its access control features.
Although digital certificates are a useful authentication security measure that improves
overall security, they do not guarantee authenticity or security. In designing the
security of End User's SAN, it is End User's responsibility to evaluate all of these
factors to ensure End User's SAN meets End User's security requirements. End User's
experience may vary based on these and other factors. End User's use of Software,
including the digital certificates, is subject to and governed by the terms of this
Agreement and to End User's compliance with the policies and procedures for the use
of the security features of Software and digital certificates, which may be made
available to End User by Brocade from time to time. If Brocade becomes aware of a breach
of the security of its digital certificate infrastructure, Brocade reserves the right
to re-issue digital certificates. In that event, End User will be required to submit
new certificate signing requests and install reissued certificates across End User's
SAN. End User should plan for any network disruption that this may cause. END USER
ACKNOWLEDGES THAT END USER HAS ACCESS TO SUFFICIENT INFORMATION TO ENSURE THAT END USER
CAN MAKE AN INFORMED DECISION AS TO THE EXTENT TO WHICH END USER CHOOSES TO RELY ON
DIGITAL CERTIFICATES AND OTHER SECURITY FEATURES IN SOFTWARE ("SECURITY").

Disclaimer of Warranty
======================
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BROCADE PROVIDES THE SOFTWARE
"AS IS" WITHOUT WARRANTY OF ANY KIND. BROCADE DOES NOT WARRANT THAT THE SOFTWARE
IS ERROR FREE OR THAT END USER WILL BE ABLE TO OPERATE THE SOFTWARE WITHOUT
PROBLEMS OR INTERRUPTIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
BROCADE AND ITS LICENSORS, SUPPLIERS, DISTRIBUTORS AND RESELLERS DISCLAIM ALL
EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NONINFRINGEMENT, AND SATISFACTORY QUALITY OR ARISING FROM A
COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

Limitation of Liability
=======================
IN NO EVENT WILL BROCADE OR ITS LICENSORS, SUPPLIERS, RESELLERS OR DISTRIBUTORS
BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT,
CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS
OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SOFTWARE EVEN IF BROCADE OR ITS LICENSORS, SUPPLIERS, RESELLERS OR DISTRIBUTORS
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BROCADE'S
OR ITS LICENSORS', SUPPLIERS', RESELLERS' OR DISTRIBUTORS' TOTAL LIABILITY TO
END USER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED
THE PRICE PAID BY END USER. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE
ABOVE-STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO END USER.

Proprietary Rights
==================
The Software, including all intellectual property rights therein, is and will
remain the sole and exclusive property of Brocade or its licensors.

Term and Termination
====================
This Agreement is effective until terminated. End User's license rights under this
Agreement will terminate immediately without notice from Brocade if End User fails
to comply with any provision of this Agreement. Upon termination, End User must stop
using the Software and destroy all copies of Software and the corresponding license
keys in its possession or control.

Compliance with Law
===================
Each party agrees to comply with all applicable laws, rules and regulations in
connection with its activities under this Agreement. Without limiting the foregoing,
End User acknowledges and agrees that the Software, including technical data, is 
subject to United States export control laws, including the United States Export
Administration Act and its associated regulations, and may be subject to export or
import regulations in other countries. End User agrees to comply strictly with all
such regulations and acknowledges that End User has the responsibility to obtain 
licenses to export, re-export, or import the Software.

Restricted Rights
=================
The Software under this Agreement is commercial computer software as that term is
described in 48 C.F.R. 252.227-7014(a)(1). If acquired by or on behalf of a civilian
agency, the U.S. Government acquires this commercial computer software and/or
commercial computer software documentation subject to the terms of this Agreement
as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data)
of the Federal Acquisition Regulations ("FAR") and its successors. If acquired by
or on behalf of any agency within the Department of Defense ("DOD"), the
U.S. Government acquires this commercial computer software and/or commercial computer
software documentation subject to the terms of this Agreement as specified in
48 C.F.R. 227.7202-3 of the DOD FAR Supplement ("DFAR") and its successors.

General
=======
This Agreement will bind and inure to the benefit of each party's successors and
assigns, provided that End User may not assign or transfer this Agreement, in whole
or in part, without Brocade's written consent. This Agreement shall be governed by
and construed in accordance with the laws of the State of California,
United States of America, as if performed wholly within the state and without giving
effect to the principles of conflict of law. No failure of either party to exercise
or enforce any of its rights under this Agreement will act as a waiver of such
rights. If any portion hereof is found to be void or unenforceable, the remaining
provisions of this Agreement shall remain in full force and effect. This Agreement
is the complete and exclusive agreement between the parties with respect to the
subject matter hereof, superseding and replacing any and all prior agreements,
communications, and understandings (both written and oral) regarding such subject
matter.

Effective October 1, 2019
