Riverbed End User License Agreement and 
Product Warranty Statement 
IMPORTANT: PLEASE READ BEFORE INSTALLATION, DOWNLOAD OR USE OF THE RIVERBED TECHNOLOGY PRODUCT ("PRODUCT") THAT YOU ARE ATTEMPTING TO DOWNLOAD OR THAT OTHERWISE ACCOMPANIES OR IS PROVIDED WITH THIS END USER LICENSE AGREEMENT AND PRODUCT WARRANTY STATEMENT ("AGREEMENT"). THE PRODUCT MAY CONSIST OF HARDWARE WITH SOFTWARE EMBEDDED ON OR PROVIDED WITH THAT HARDWARE, OR SOFTWARE PROVIDED ON A STAND ALONE BASIS; ANY SOFTWARE PROVIDED ON OR WITH HARDWARE OR PROVIDED ON A STAND ALONE BASIS, INCLUDING ANY UPGRADES, PATCHES, ENHANCEMENTS OR FIXES THERETO, SHALL BE DEEMED "SOFTWARE". BY DOWNLOADING, INSTALLING OR IN ANY WAY USING THE PRODUCT, THE ENTITY OR COMPANY THAT YOU REPRESENT ("LICENSEE") IS UNCONDITIONALLY CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT WITH RIVERBED TECHNOLOGY, INC. OR THE RIVERBED TECHNOLOGY, INC. SUBSIDIARY THAT IS LICENSING THE PRODUCT TO LICENSEE ("RIVERBED"). IT IS VERY IMPORTANT THAT YOU CHECK THAT LICENSEE IS PURCHASING THE PRODUCT FROM EITHER RIVERBED OR A CHANNEL PARTNER AUTHORIZED TO SELL THE PRODUCT AND THAT LICENSEE HAS BEEN REGISTERED AS THE END USER FOR THE PURPOSES OF THIS AGREEMENT. IF YOU ARE NOT REGISTERED AS THE END USER YOU HAVE NO LICENSE TO USE THE SOFTWARE AND THE LIMITED WARRANTY IN THIS AGREEMENT DOES NOT APPLY. IF LICENSEE DOES NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DOWNLOAD, INSTALLATION OR USE OF THE PRODUCT IS STRICTLY PROHIBITED. THIS AGREEMENT CONSTITUTES THE AGREEMENT BETWEEN RIVERBED AND LICENSEE WITH RESPECT TO SUCH PRODUCTS, TO THE EXCLUSION OF ANY PRE-PRINTED OR CONTRARY TERMS OF ANY PURCHASE ORDER (OR SIMILAR DOCUMENT) AND SUPERSEDES AND CANCELS ANY PRIOR DISCUSSIONS, UNDERSTANDINGS OR REPRESENTATIONS BETWEEN THE PARTIES. THIS AGREEMENT MAY NOT BE MODIFIED OR WAIVED, EXCEPT BY A MUTUAL SIGNED WRITING, AND, IF THIS AGREEMENT IS DEEMED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. IF THERE IS A MUTUALLY SIGNED AGREEMENT (NOT INCLUDING ANY PURCHASE ORDER OR SIMILAR DOCUMENT) EXPRESSLY COVERING THE LICENSE OF PRODUCTS BY RIVERBED TO LICENSEE THEN THE EXPRESS TERMS OF THAT AGREEMENT WILL GOVERN TO THE EXTENT SUCH AGREEMENT CONFLICTS WITH THE TERMS OF THIS AGREEMENT. 
End User License Terms 
1. LICENSE GRANT. Subject to the terms of this Agreement and provided Licensee has paid the applicable fees, Riverbed hereby grants Licensee a limited, personal, non-sublicensable, non-transferable, nonexclusive license to use or access the Product solely for Licensee's internal business use in accordance with the Riverbed documentation that accompanies it and any other use restrictions applicable for that Product, including without limitation any additional use restrictions set forth at www.riverbed.com/license/additional_use_rights. Except as expressly set forth at www.riverbed.com/license/additional_use_rights, Licensee may use each licensed copy of the Software only as embedded in or for execution on a specific unit (or replacement thereof) of Riverbed hardware ("Hardware") owned or leased by Licensee (including any units of replacement Hardware provided as part of warranty or support services). Licensee may copy configurations of the Software solely for backup purposes. Without granting any additional licenses hereunder, Licensee may authorize its contractors and outsourcers to use or operate the Products solely on Licensee's behalf and provided Licensee obtains such third parties' binding consent to abide by the terms of this Agreement and provided Licensee shall be responsible for such parties' use and compliance. Such parties are not, and shall not be deemed to be, third party beneficiaries under this Agreement for any reason. See www.riverbed.com/license/additional_use_rights for any additional Product or service specific use rights or restrictions or limitations. 

2. LICENSE RESTRICTIONS. Except as permitted by this Agreement, Licensee shall not, nor authorize anyone else to, directly or indirectly: (i) copy, modify, or distribute the Product; (ii) reverse engineer, disassemble, decompile or attempt to discover the source code or structure, sequence and organization of the Product (except where the foregoing is expressly prohibited by applicable local law, and then only to the extent so prohibited); (iii) rent, lease, or use the Product for timesharing or service bureau purposes for third parties, or otherwise use the Product on behalf of any third party; or (iv) publish or disclose any information or results relating to performance, performance comparisons or other "benchmarking" activities. Riverbed shall have the right to inspect and audit Licensee and/or require Licensee to provide written assurances satisfactory to Riverbed to confirm compliance with this Agreement. Notwithstanding anything to the contrary herein, Licensee may utilize the Software pursuant to a leasing arrangement whereby the Licensee leases the Product from a third party. Licensee acknowledges and agrees that the Software (including its design and structure)("Confidential Information"), constitutes trade secrets of Riverbed or its licensors. Licensee shall hold in confidence and not disclose or provide such trade secrets in any form to any third party without Riverbed's prior written consent. Licensee shall maintain and not remove or obscure any proprietary notices on the Product. As between the parties, title of and all ownership rights in the intellectual property rights in and to the Software, and any copies or portions thereof, shall remain in Riverbed and its suppliers or licensors. The Software is protected by the copyright laws of the United States and international copyright treaties. This Agreement does not give Licensee any rights not expressly granted herein. Any action of Licensee in contravention of this Section 2 may result in the termination of this Agreement, including the license grant for the Software, as described in Term and Termination below. 

3. GOVERNMENT USE. If Licensee is part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the Product is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Product and documentation qualify as "commercial items" "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, and as such any use of the Product or documentation by the Government shall be governed solely by the terms of this Agreement. All other use is prohibited. 

4. SUPPORT AND UPGRADES. This Agreement does not entitle Licensee to any support, upgrades, patches, enhancements or fixes for the Product (collectively, "Support"). Licensee must make separate arrangements for Support and pay any fees associated with such Support. Any software upgrades, patches, enhancements or fixes provided as part of Support for the Software that may be made available by Riverbed shall become part of the Software and subject to this Agreement. The terms of Riverbed's standard support services are located at www.riverbed.com/supportservicedescription. 

Product Warranty StatementEnd User License Agreement and Product Warranty Statement 3-12 
STANDARD WARRANTY; WARRANTY DISCLAIMER. Riverbed warrants only to Licensee that the Products, when shipped by Riverbed, will conform in all material respects to the applicable published specifications for such Products. Such warranty does not apply to units that have been damaged, mishandled, mistreated or used or maintained or stored other than in conformity with such specifications and Riverbed's instructions. EXCEPT FOR BODILY INJURY, LICENSEE'S SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THE FOREGOING WARRANTY SHALL BE THE REPAIR OR REPLACEMENT OF OR (AT RIVERBED'S OPTION OR IF REPAIR OR REPLACEMENT IS IMPRACTICAL) REFUND OF THE FEES RECEIVED BY RIVERBED FOR RETURNED NON-CONFORMING UNITS OF PRODUCT FOR WHICH FULL DOCUMENTATION AND PROOF OF NON-CONFORMITY IS PROVIDED TO RIVERBED (AND FOR WHICH A SUPPLIER RMA HAS BEEN ISSUED) WITHIN ONE YEAR IN THE CASE OF HARDWARE COMPONENT, OR NINETY DAYS IN THE CASE OF SOFTWARE (WHETHER OR NOT EMBEDDED), AFTER THE ORIGINAL NON-CONFORMING UNITS (BUT NOT REPLACEMENTS) ARE SHIPPED BY RIVERBED. SUCH REFUND SHALL BE PAID TO THE LICENSEE OR RESELLER MAKING THE WARRANTY CLAIM. EXCEPT FOR THE FOREGOING, RIVERBED PROVIDES THE PRODUCT "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO LICENSEE. THE PRODUCT IS NOT DESIGNED FOR USE IN ANY DEVICE OR SYSTEM IN WHICH A MALFUNCTION OF THE PRODUCT WOULD RESULT IN FORESEEABLE RISK OF INJURY OR DEATH TO ANY PERSON. THIS INCLUDES OPERATION OF NUCLEAR FACILITIES, LIFE-SUPPORT SYSTEMS, AIRCRAFT NAVIGATION OR EMERGENCY COMMUNICATION SYSTEMS AND AIR TRAFFIC CONTROL. 
General Provisions 
1. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL RIVERBED OR ITS SUPPLIERS BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING FROM LICENSEE'S USE OF THE PRODUCT. RIVERBED'S LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE FEES PAID BY LICENSEE HEREUNDER. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF RIVERBED SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO LICENSEE. 

2. TERM AND TERMINATION. This Agreement shall continue until terminated as set forth in this section. Licensee may terminate this Agreement at any time. This Agreement shall terminate if Licensee violates or fails to comply with any provision of this Agreement and fails to cure such breach within thirty (30) days of receipt of notice of breach from Riverbed. Any termination of this Agreement due to Licensee's uncured breach shall also terminate the licenses granted hereunder. Upon termination of this Agreement due to a termination an uncured breach by the Licensee, Licensee shall no longer use the Software, shall destroy and remove from all computers, hard drives, networks and other storage media all copies of the Software, and shall certify to Riverbed that such actions have occurred. Sections 2 and 3 of the End User License Terms, the Product Warranty Statement, and the General Provisions shall survive termination of this Agreement. 

3. EXPORT CONTROLS. Licensee shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or other United States, European Union, Singapore or other foreign agency or authority, and Licensee shall not export, or allow the export or re-export of, the Product in violation of any such restrictions, laws or regulations. Licensee is responsible for obtaining any licenses required to export, re-export, transfer or import the Product. The Product may not, in the absence of authorization by U.S. and local law and regulations, as required, be used by or exported or re-exported to (i) any U.S. sanctioned or embargoed country, or to nationals or residents of such countries; or (ii) to any person, entity, organization or other Party identified on the U.S. Department of Commerce's Denied Persons or Entity List, the U.S. Department of Treasury's Specially Designed Nationals or Blocked Persons List, or the Department of State's Debarred Parties List, as published and revised from time to time; or (iii) any Party where the end-use involves nuclear weapons, chemical/biological weapons, or missile technology. Licensee agrees that any product, technology or information it obtains or learns pursuant to this Agreement will not be used in relation to nuclear, biological or chemical weapons, or missiles capable of delivering these weapons, and will not be re-exported or sold to a third party who is known or suspected to be involved in relation to nuclear, biological or chemical weapons, or missiles capable of delivering these weapons, or to any sanctioned entities. 

4. MISCELLANEOUS. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of Riverbed to act with respect to a breach of this Agreement by Licensee or others does not constitute a waiver and shall not limit Riverbed's rights with respect to such breach or any subsequent breaches. This Agreement is personal to Licensee and may not be assigned or transferred for any reason whatsoever without Riverbed's consent, and any action or conduct in violation of the foregoing shall be void and without effect. In obtaining the Products, Licensee acknowledges that it has not relied and will not rely on the availability of any future Riverbed product or version of a product. Riverbed expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement shall be governed by and construed under California law as such law applies to agreements between California residents entered into and to be performed within California, without reference to the UN Convention on the International Sale of Goods. Unless waived by Riverbed in a particular instance or prohibited by applicable law, the sole and exclusive jurisdiction and venue for actions arising under this Agreement shall be the State and Federal courts in California, and each party hereby consents to the jurisdiction of such courts for any such dispute. The party prevailing in any dispute under this Agreement shall be entitled to its costs and legal fees. 

NOTICE: EXCEPT FOR THE LICENSE RIGHTS GRANTED HEREIN, NO INTELLECTUAL PROPERTY RIGHTS ARE TRANSFERRED. PLEASE CONTACT RIVERBED TECHNOLOGY AT (415) 247-8800 WITH ANY QUESTIONS.