BROCADE COMMUNICATIONS SYSTEMS LLC SUPPLEMENTAL TERMS FOR BROCADE NETWORK ADVISOR (BNA)
These Supplemental License Terms apply to Brocade’s Network Advisor (“Software”). These Supplemental License Terms are in addition to the Software Terms. The Software Terms are incorporated by this reference: https://www.brocade.com/en/legal/software-terms-eulas.html. To the extent allowed by law, Brocade may change or modify the terms and conditions of these Supplemental License Terms without further notice.
1.1. “Feature Release” means a major new feature or an enhancement in operating performance that does not alter the basic functionality;
1.2. “Maintenance Release” means a regularly scheduled update which may include defect fixes and limited platform-specific improvements;
1.3. “Patch” means a temporary solution to a customer-reported critical defect;
1.4. Platform Release” means a platform, operating system or software architecture change or the addition of a major new application or function;
1.5. “Updates” means Maintenance Releases and Patches, collectively.
2. License. The Software is limited to a single use license and subject to the terms and conditions of these Supplemental License Terms and payment of the applicable fees. Brocade grants End User a non-transferable, non-assignable, non-exclusive, revocable, limited license to install and use the Software in object code form. This license is contingent upon End User’s compliance with the licensing restrictions. The Software may only be use according the applicable documentation supplied by Brocade and Brocade’s policies found at www.Brocade.com. End User may make one copy of the Software solely for backup and archival purposes provided End User affixes to such copies all trademark, copyright, patent and notices of other proprietary rights that appear on the original Software. Brocade must pre-approve in writing creation of any additional copies. Brocade employs a license key system to enable use of the Software. End User only obtains a license to the Software End User selected. Availability or inclusion of additional features or functionality in no way implies a license from Brocade. End User may not access or use such programs unless the license keys provided by Brocade specifically authorizes the access and use purchased by End User.
3. License Restrictions. All Software is licensed, not sold. Except as expressly provided in these Supplemental License Terms, End User may not itself, or through any parent, subsidiary, affiliate, agent, or other third party, nor permit third parties to a) modify, translate, adapt, change, enhance or create derivative works based upon the Software; b) copy, or otherwise reproduce the Software in whole or in part; c) decompile, translate, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms, structure, architecture or algorithms of the Software (except to the extent that applicable law or any public license prohibits reverse engineering restrictions), or otherwise reduce the Software to human-readable form; d) remove, modify or otherwise tamper with any notice or legend on any labeling on any physical media containing the Software; e) use, license, sell, transfer, or any way distribute or sublicense the Software that is outside the scope of the licenses granted herein; f) provide, lease, lend, use, disclose, divulge or make available to, or permit for timesharing or service bureau purposes the Software; or g) take any action that would cause the Software or any proprietary portion thereof to become part of the public domain. End User may not extract for use an individual component in the Software. All restrictions set for in these Supplemental License Terms apply to documentation.
4. License Term and Termination. This license shall immediately terminate upon the expiration or termination of the applicable license term or in the event Licensee fails to comply with the provisions of these Supplemental License Terms. Upon termination or expiration of this license, End User must immediately discontinue using the Software. End User will destroy all copies of the Software and the corresponding software keys and certify in writing to Brocade or its authorized distributor that all copies have been destroyed. The Software may include features and/or functionality that will DISABLE the Software in whole or in part. If End User obtained a license for evaluation purposes, End User must purchase a license to the Software to continue using the Software. If End User purchases a license to the Software after evaluating the Software, such purchase will be subject to the provisions of these Supplemental License Terms. The provisions of Sections 4 shall survive expiration or termination of these Supplemental License Terms.
5. Support. If End User purchases Support, Brocade will provide Support for the Software during the Support term in accordance with the Brocade Support Plan purchased by End User. Brocade’s obligation to provide Support is subject to the Software Terms and the Support terms on Brocade.com.
6. Disclaimers. The Software is a tool that provides without limitation reporting, dashboards, and diagnostics features and functionality. Neither Brocade nor authorized third party reseller(s), or its third party suppliers warrant that the Software will meet End User’s requirements, or that the Software will operate in the combinations which End User may select for use, or that the operation of the Software will be uninterrupted or error-free. End User and not Brocade is responsible for the use and security of any information or data obtained or generated through use of the tool.