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A10 Thunder Kubernetes Connector

An Ingress Controller which monitors for add/delete/update operations on Kubernetes resources and configures A10 Thunder ADC accordingly.

License

IMPORTANT: READ BEFORE INSTALLING THE SOFTWARE

END USER SOFTWARE LICENSE AGREEMENT (“AGREEMENT”)

YOU (“LICENSEE”) SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE DOWNLOADING, INSTALLING AND USING THIS PRODUCT, THE USE OF WHICH IS LICENSED BY A10 NETWORKS, INC. (“LICENSOR”) FOR USE ONLY AS SET FORTH BELOW. DOWNLOADING, INSTALLING OR OTHERWISE USING ANY PART OF THE SOFTWARE OR DOCUMENTATION INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS AND THAT YOU ARE AUTHORIZED (INCLUDING BY YOUR COMPANY IF DOWNLOADING FOR NON-PERSONAL USE) TO ACCEPT THESE TERMS ON ITS BEHALF. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL OR OTHERWISE USE THE SOFTWARE OR DOCUMENTATION, DO NOT CLICK ON THE "I AGREE" OR SIMILAR BUTTON.

1. LICENSES AND RESTRICTIONS.

1.1 Licensor grants Licensee a nonexclusive, nontransferable license to use the software program in executable form (the “Software”) and accompanying documentation (the “Documentation”), solely in connection with Licensee’s use of Licensor’s Thunder Kubernetes Connector (TKC) products, subject to the terms and restrictions set forth in this Agreement. Licensee may not lease, rent, distribute or sublicense (except as specified herein) the Software or Documentation or to use the Software or Documentation in a time-sharing arrangement or in any other unauthorized manner. Further, no license is granted to Licensee in the human readable code of the Software (source code).

1.2 Subject to the restrictions set forth herein, the Software is licensed for Licensee’s internal use. Licensee may reproduce one (1) copy of the Software and Documentation for archival and backup purposes. Each copy of the Software and Documentation must contain Licensor’s and its licensors’ proprietary rights and copyright notices in the same form as on the original. Licensee may not to remove or deface any portion of any legend provided on any licensed program or documentation delivered under this Agreement.

1.3 Additional software from third parties may be required in order to use the Software as specified in the Documentation. Licensor is not responsible for any software licensed from such third parties.

1.4 Modification, reverse engineering, reverse compiling, or disassembly of the Software is expressly prohibited. However, if Licensee is a European Union (“EU”) resident, information necessary to achieve interoperability of the Software with other programs within the meaning of the EU Directive on the Legal Protection of Computer Programs is available from Licensor upon written request. Licensee shall not, directly or indirectly, use the Software or Documentation in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including: (i) power generation systems; (ii) aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; (iii) safety-critical applications, including medical or life-support systems, vehicle operation applications, or any police, fire, or other safety response systems; and (iv) military or aerospace applications, weapons systems, or environments.

1.5 Except as provided below, this Agreement does not grant Licensee any rights to any patents, copyrights, trade secrets, trademarks, or any other rights with respect to the Software or Documentation. All trademarks, service marks, patents, copyrights, trade secrets and other proprietary rights in or related to the Software and Documentation are and will remain the exclusive property of Licensor or its licensors, whether or not specifically recognized or perfected under applicable law. Licensee will not take any action that jeopardizes Licensor’s or its licensors’ proprietary rights.

1.6 Licensee shall treat the Software and Documentation as confidential information of Licensor and shall not disclose either to any third party, or use for any purpose not expressly permitted herein.

2. UNITED STATES GOVERNMENT RESTRICTED RIGHTS. The Software and Documentation contain “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and 48 C.F.R. §201 as applicable. Any use, modification, reproduction, release, performing, displaying, or disclosing of the Software and Documentation by the U.S. Government or other government entity shall be governed solely by the terms of this Agreement consistent with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.

3. TERM AND TERMINATION.

3.1 The licenses granted hereunder shall remain in effect unless terminated earlier as specified herein. Licensee may terminate the licenses and this Agreement at any time upon the provision of written notice to Licensor. Without prejudice to any other right or remedy which may be available to it, Licensor shall be entitled to terminate this Agreement, without further notice, if Licensee commits a material breach of any of its obligations hereunder which remains uncured thirty (30) days after notice from Licensor to Licensee of the existence of such breach.

3.2 Upon termination, Licensee agrees to immediately cease use of, and destroy the Software and Documentation and any other Confidential Information of Licensor in Licensee’s possession, custody or control related thereto, together with all copies and merged portions in any form, and to certify such return or destruction in writing. Sections 1.5, 1.6, 2, 3, 4, 5, 6, and 7 shall survive any termination or expiration of this Agreement.

4. DISCLAIMER OF WARRANTIES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND DOCUMENTATION DOCUMENATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LICENSOR AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, TERMS AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, QUIET ENJOYMENT OR NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. LICENSEE ACKNOWLEDGES THAT USE OF SOFTWARE MAY NOT BE UNTERRUPTED OR ERROR FREE.

5. LIMITATION OF LIABILITY.

IN NO EVENT SHALL LICENSOR, ITS AFFILIATES OR ANY OF THEIR SUPPLIERS HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF THIS AGREEMENT OR LICENSEE’S USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COLLECTIVE LIABILITY OF LICENSOR, ITS AFFILIATES, AND THEIR SUPPLIERS UNDER THIS AGREEMENT SHALL BE LIMITED TO U.S. $1.00. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN JURISDICTIONS THAT PROHIBIT EXCLUSION OF LIABILITY OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY BE LIMITED IN THEIR APPLICATION TO LICENSEE AND, DEPENDING ON LOCAL LAW, LICENSEE MAY HAVE OTHER SPECIFIC LEGAL RIGHTS.

6. EXPORT: Licensee acknowledges and agrees that the Software and Documentation, and related technology subject to this Agreement are subject to the export control laws and regulations of the United States, the European Union and other countries including embargo and sanctions regulations and prohibitions on export for certain end uses or to certain users. Licensee agrees to comply with all such laws and regulations. Licensee shall promptly advise Licensor in writing of any known or suspected sale, transfer, or diversion in violation of the foregoing.

7. GENERAL.

7.1 Licensee shall not assign or otherwise transfer this Agreement or any of its rights and obligations hereunder, whether in whole or in part, including by operation of law, without the prior written consent of Licensor.

7.2 Licensee hereby acknowledges that its breach of this Agreement may cause irreparable harm and significant injury to Licensor in an amount that may be difficult to ascertain and for which a remedy at law may be inadequate. Accordingly, Licensee agrees that, in addition to any other rights and remedies it may have, Licensor shall have the right to seek injunctive relief in any court of competent jurisdiction to enforce Licensee’s obligations under this Agreement.

7.3 This Agreement shall be construed and governed by the laws of the State of California, excluding its conflict of laws rules. The United Nations Convention on Contracts for the International Sales of Goods and the Uniform Computer Information Transactions Act (UCITA) are specifically excluded. Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted in the state or federal courts located in Santa Clara County, California and each party irrevocably submits to the jurisdiction of such courts in any such legal suit, action, or proceeding.

7.4 The original of this Agreement has been written in the English language, and the governing language of this Agreement shall be English. Licensee hereby waives and agrees not to assert any right to have this Agreement written in the language of Licensee’s place of residence.

7.5 A waiver of any default hereunder or of any of the terms or conditions of this Agreement shall not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition but shall apply solely to the instance to which such waiver is directed. The exercise of any right or remedy provided in this Agreement shall be without prejudice to the right to exercise any other right or remedy provided by law or equity, except as expressly limited by this Agreement.

7.6 In the event any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired, and the parties further agree to substitute for such invalid, illegal or unenforceable provision a valid, legal, and enforceable provision of similar intent and effect.

7.7 This Agreement constitutes the entire agreement between the parties with respect to the license of the Software and Documentation and supersedes and terminates all other prior or contemporaneous verbal or written agreements or understandings with respect thereto. No modifications to this Agreement shall be enforceable except when in writing and signed by an authorized signatory of each party