©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.
