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END USER SOFTWARE LICENSE AGREEMENT
IMPORTANT:
This end user software license Agreement (this “Agreement”) is a legal agreement between the end user
(“Customer”) of the software accompanying this Agreement (the “Software”) and Meru Networks, Inc. (“Meru”).
This Agreement governs Customer’s use of, and the term “Software includes, any and all computer software, any
printed or electronic documentation, or other code, whether on a disk, in any memory device, embedded in a
semiconductor, downloaded or on any other media provided to Customer by Meru Networks, Inc. (“Meru”) or its
authorized reseller (“Reseller”) as part of a Meru product (“Meru Product”) or as a stand-alone product. Customer
must read this Agreement carefully before installing or otherwise using the Software. By Installing, downloading,
embedding or otherwise using the Software, Customer agrees to be bound by the terms of this Agreement. This
Agreement provides a license to use the Software and contains warranty disclaimers and liability limitations. By
using the software in any way, INCLUDING BUT NOT LIMITED TO, requesting a license key from Meru, Customer
confirms its acceptance of, and agreement to be bound by, the terms of this Agreement. If Customer does not
agree to be bound by the terms of this Agreement, then Customer must: (i) erase all aspects of the Software
from its computers; (ii) not request from Meru or anyone else a license key that would allow operation of the
Software; and (iii) not operate the Software in any manner.
Article 1. License
(a).Grant. Subject to Customer’s compliance with the terms and conditions in this Agreement, Meru grants
Customer a non-exclusive, non-transferable royalty-free license to use the Software exclusively in connection with the Meru
Product on which it has been embedded or for which it has been offered, and to use all written materials accompanying the
Software (the “Documentation”).
1.1. Ownership of Software and Confidentiality.
(a).The Software is licensed, not sold, to Customer by Meru. CUSTOMER MAY OWN THE MEDIA ON WHICH THE
SOFTWARE IS PROVIDED, BUT MERU AND/OR MERU'S LICENSOR(S) RETAIN TITLE TO THE SOFTWARE. Customer
acknowledges that the Software and Documentation are protected, among other ways, by federal copyright law and
international treaties and that they constitute confidential information of Meru, protected also by this Agreement. The
organization, structure, sequence, logic and source code of the Software are valuable trade secrets of Meru and its
licensors. Except for those rights expressly granted by this Agreement to Customer, Meru or its licensors retain and shall
own all rights, title and interests in and to the Software, and Customer shall have no right, title or interest in or to any of,
the Software or Documentation, including without limitation, the intellectual property rights comprising or related to the
Software and Documentation.
(a).Customer shall keep the Software and Documentation confidential and shall take all reasonable precautions to
preserve its confidentiality, including where applicable, having all of its employees and subcontractors execute
confidentiality agreements that cover the Software and Documentation. Customer shall take all steps reasonably necessary
to ensure that no person or entity has unauthorized access to the Software or Documentation.
1.1. Permitted Uses
. This Agreement allows Customer to use the Software solely as embedded in the Meru Product on which the
Software has been installed, for execution on, or (where the applicable documentation permits installation on non-Meru equipment)
for communication with Meru Product owned or leased by the Customer and in accordance with Meru's documentation.
Notwithstanding the restrictions set out above in Section 1.2, Customer may make one copy of any Software that is offered separate
from, not embedded in, a Meru Product, in a machine-readable form for back-up purposes only, subject to Customer including on the
copy all copyright, trademark and other proprietary rights notices, as contained on the original version. Customer may copy the
Documentation in a reasonable number for employees using the Software, subject to Customer including on each copy all copyright,
trademark and other proprietary rights notices, as contained in the original version of the Documentation.
1.1. Restrictions on Use
. Customer may not, nor may Customer permit any third party to: (a) decompile, reverse engineer,
disassemble, or otherwise attempt to derive, reconstruct or discover any humanly readable form of the Software source code; (b)
modify, translate, copy, reproduce, disclose, or create derivative works of the Software or Documentation; (c) allow access to the