HP VAN SDN Controller Open Source and Third-Party Software License Agreements

9. MISCELLANEOUS.

This License represents the complete agreement concerning subject matter hereof. If any

provision of this License is held to be unenforceable, such provision shall be reformed only to

the extent necessary to make it enforceable. This License shall be governed by the law of the

jurisdiction specified in a notice contained within the Original Software (except to the extent

applicable law, if any, provides otherwise), excluding such jurisdiction's conflict-of-law

provisions. Any litigation relating to this License shall be subject to the jurisdiction of the courts

located in the jurisdiction and venue specified in a notice contained within the Original

Software, with the losing party responsible for costs, including, without limitation, court costs

and reasonable attorneys' fees and expenses. The application of the United Nations Convention

on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation

which provides that the language of a contract shall be construed against the drafter shall not

apply to this License. You agree that You alone are responsible for compliance with the United

States export administration regulations (and the export control laws and regulation of any

other countries) when You use, distribute or otherwise make available any Covered Software.

10. RESPONSIBILITY FOR CLAIMS.

As between Initial Developer and the Contributors, each party is responsible for claims and

damages arising, directly or indirectly, out of its utilization of rights under this License and

You agree to work with Initial Developer and Contributors to distribute such responsibility on

an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission

of liability.

NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION

LICENSE (CDDL)

The code released under the CDDL shall be governed by the laws of the State of California

(excluding conflict-of-law provisions). Any litigation relating to this License shall be subject to

the jurisdiction of the Federal Courts of the Northern District of California and the state courts

of the State of California, with venue lying in Santa Clara County, California.