Technical data

set forth in FAR 52.227-14(g), Rights in Data—General (June 1987) and FAR 52.227-19, Commercial Computer Software—Restricted

Rights (June 1987), or if under Department of Defense, DFAR 252.227-7015(b), Technical Data—Commercial Items (June 2004) and

DFAR 227.7202-3(a) June 2005) in accordance with this Agreement. If Customer is a governmental entity that has a need for rights

not addressed above in this Article 5, it must negotiate a separate agreement with Meru. Customer acknowledges that the Software

source code is unpublished and that all rights are reserved under the copyright laws of the United States. Any use, modification,

reproduction, display or disclosure of the Software or any documentation by the United States Government shall be governed by the

terms of this Agreement.

Article 1.

Export. The Software may be subject to the United States laws and regulations related to the export of technical

data and products produced from such data. Customer shall not, without fully complying with all applicable laws and regulations,

including all United States laws and regulations with respect to export, export any Software or any Appliance, allow any Software to

be exported or transfer any Software to any person or entity that engages in the research or production of military devices,

armaments or any instruments of warfare, including biological, chemical and nuclear warfare.

Article 1.

Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of

California, U.S.A., without reference to its conflict of law principles, and the United Nations Convention on Contracts for the

International Sale of Goods does not apply. Except for actions for injunctive relief for a violation of intellectual property rights or

confidentiality obligations, any action by either party with respect to this Agreement or the Software must be brought in the state or

federal courts sitting in Santa Clara County, California, and each party submits to the personal jurisdiction of such courts.

Article 1.

Injunctive Relief. Customer acknowledges that its violation of any restriction set out in Article 1 or of any

obligation set out under Article 2 may cause irreparable harm to Meru and upon any such violation, Meru shall be entitled to seek

equitable relief without posting any bond or other security.

Article 1.

Entire Agreement; Waiver; Modifications; Severability. This Agreement constitutes the entire agreement

between the parties with respect to the subject matter of this Agreement and supersedes and replaces all prior or contemporaneous

understandings or agreements, written or oral, with respect to such subject matter. No modification or amendment of this Agreement

or any waiver of any right under this Agreement shall be effective unless in writing and signed by an authorized representative of the

party to be charged. Any waiver of any breach of any provision of this Agreement shall not be construed as a waiver of any

continuing or succeeding breach of such provision or a waiver or modification of the provision. If a court of competent jurisdiction

finds any provision of this Agreement invalid or unenforceable, that provision will be amended to achieve as nearly as possible the

same economic effect as the original provision and the remainder of this Agreement will remain in full force. Failure of a party to

enforce any provision of this Agreement shall not constitute and shall not be construed as a waiver of such provision or of the right

to enforce such provision. C

USTOMER ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY ORAL REPRESENTATION BY Meru OF ANY NATURE,

INCLUDING WITH RESPECT TO ANY WARRANTY.

Article 1.