©2008 Brocade Communications Systems, Inc. All Rights Reserved.

Disclaimer of Warranty.
(a)  THE PARTIES AGREE THAT BROCADE AND ITS LICENSORS FURNISH THE
BROCADE PRODUCTS TO YOU “AS IS,” UNSUPPORTED, WITHOUT WARRANTY OF ANY
KIND.  BROCADE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT, INCLUDING ANY THAT MAY ARISE FROM A
COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE.  BROCADE AND
ITS LICENSORS SHALL NOT BE LIABLE FOR ANY ERROR, OMISSION, DEFECT,
DEFICIENCY, OR NONCONFORMITY OF ANY TYPE IN THE BROCADE PRODUCTS.
(b)  NEITHER BROCADE NOR ITS LICENSORS WILL BE LIABLE TO YOU FOR ANY
LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR FOR INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND.
(c)  BROCADE DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH YOUR USE
OF THE BROCADE PRODUCTS IN ANY MEDICAL, NUCLEAR, AVIATION, NAVIGATION,
MILITARY, OR OTHER HIGH RISK DEVICE OR APPLICATION (“HIGH RISK
APPLICATIONS”).  YOU REPRESENT AND WARRANT THAT YOU WILL NOT USE THE
BROCADE PRODUCTS IN ANY MEDICAL, NUCLEAR, AVIATION, NAVIGATION,
MILITARY, OR OTHER HIGH RISK DEVICE OR APPLICATION.   YOU SHALL
INDEMNIFY, DEFEND, AND HOLD BROCADE AND ITS LICENSORS HARMLESS AGAINST
ANY LOSS, LIABILITY, OR DAMAGE OF ANY KIND THAT BROCADE INCURS IN
CONNECTION WITH BREACH OF THE WARRANTY IN THIS SECTION.

Third Party Components.  Brocade Products provided under this Agreement
may be distributed with certain freeware, open source or other third
party components (“Open Source Brocade Products”) which, if included,
are provided pursuant to the terms of the applicable Open Source License
governing its use and distribution.  Please see
http://www.brocade.com/support/oscd.jsp for such Open Source License
terms.  BROCADE THEREFORE PROVIDES SUCH OPEN SOURCE BROCADE PRODUCTS ON
AN “AS IS” BASIS WITHOUT ANY WARRANTY WHATSOEVER AND HEREBY EXPRESSSLY
DISCLAIMS WITH RESPECT TO ANY OPEN SOURCE BROCADE PRODUCTS AND TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:  (A) ALL WARRANTIES, WHETHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUROSE AND
NON-INFRINGEMENT; AND (B) ALL LIABILITY FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, COVER, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, INCLUDING WITHOUT LIMITATION LOST DATA OR LOST PROFITS, HOWEVER
ARISING, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
EVEN WHERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Export Policy. Licensee agrees to comply with all applicable U.S. and
foreign export control laws and regulations, including but not limited
to the U.S. Export Administration Act of 1979, as amended, and successor
legislation, and the Export Administration Regulations passed by the
Department of Commerce.  Licensee expressly agree that it shall not
export, directly or indirectly, re-export, divert, or transfer the
Brocade Products or any direct product thereof to any destination,
company or person restricted or prohibited by U.S. or host country
export controls.

High Risk Activities. THE BROCADE PRODUCTS ARE NOT DESIGNED,
MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ON-LINE CONTROL PRODUCTS
REQUIRING FAIL-SAFE CONTROLS, SUCH AS IN THE OPERATION OF NUCLEAR
FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR TRAFFIC
CONTROL, LIFE SUPPORT, OR WEAPONS SYSTEMS WHERE FAILURE OF THE BROCADE
PRODUCTS COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY AND/OR
SUBSTANTIAL PROPERTY DAMAGE.  YOU AGREE NOT TO USE THE BROCADE PRODUCTS
FOR ANY SUCH PURPOSES, BROCADE AND ITS LICENSORS EXPRESSLY DISCLAIM AND
ARE RELEASED FROM ANY RESPONSIBILITY OR LIABILITY FOR ANY AND ALL
DAMAGES THAT MAY BE INCURRED DUE TO THE USE OF THE BROCADE PRODUCTS IN
SUCH APPLICATIONS.
