Virtual disk information The list of logical networks The VM Network network The VM Network 2 network A virtual machine CPPM-VM-x86_64-6.12.0.300732-ARUBA-ESX Description of the product Aruba ClearPass Policy Manager Appliance Aruba Networks 6.12.0.300732 6.12.0.300732 x86_64 http://www.arubanetworks.com/products/clearpass/ http://www.arubanetworks.com/ End-user license agreement Aruba Networks, Inc. End-User Software License Agreement (“Agreement”) IMPORTANT YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS BEFORE INSTALLATION OR USE OF ANY SOFTWARE PROGRAMS FROM ARUBA NETWORKS, INC. AND ITS AFFILIATES OR AIRWAVE WIRELESS (COLLECTIVELY, “ARUBA”). INSTALLATION OR USE OF SUCH SOFTWARE PROGRAMS SHALL BE DEEMED TO CONFIRM YOUR ACCEPTANCE OF THESE TERMS. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIM­ITED TO THESE TERMS. YOUR RIGHTS UNDER THIS AGREEMENT BEGIN WHEN YOU RECEIVE YOUR LICENSE KEY FROM ARUBA, AND NOT ON THE DATE THAT YOU INSTALL THE SOFTWARE. IT IS UP TO YOU TO INSTALL THE SOFTWARE PROMPTLY UPON RECEIPT OF A LICENSE KEY FROM ARUBA. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST PROMPTLY RETURN ALL SUCH SOFTWARE AND HARDWARE PRODUCTS TO ARUBA (OR IF YOU PURCHASED SUCH PRODUCTS FROM A RESELLER, THE RESELLER FROM WHICH YOU PURCHASED SUCH PRODUCTS) AND ANY FEES YOU HAVE PAID FOR SUCH PRODUCTS WILL BE REFUNDED. 1. APPLICABILITY This end user license agreement (the "Agreement") governs the use of accompanying software, unless it is subject to a separate agreement between you and Hewlett Packard Enterprise Company and its subsidiaries (“HPE”). By downloading, copying, or using the software you agree to this Agreement. HPE provides translations of this Agreement in certain languages other than English, which may be found at: http://www.hpe.com/software/SWLicensing. 2. TERMS This Agreement includes supporting material accompanying the software or referenced by HPE, which may be software license information, additional license authorizations, software specifications, published warranties, supplier terms, open source software licenses and similar content ("Supporting Material"). Additional license authorizations are at: http://www.hpe.com/software/SWLicensing or accompanying this Agreement. 3. AUTHORIZATION If you agree to this Agreement on behalf of another person or entity, you warrant you have authority to do so. 4. CONSUMER RIGHTS If you obtained software as a consumer, nothing in this Agreement affects your statutory rights. 5. ELECTRONIC DELIVERY HPE may elect to deliver software and related software product or license information by electronic transmission or download. 6. LICENSE GRANT If you abide by this Agreement, HPE grants you a non-exclusive non-transferable license to use one copy of the version or release of the accompanying software for your internal purposes only, and such license is subject to any specific software licensing information that is in the software product or its Supporting Material. Your use is subject to the following restrictions, unless specifically allowed in Supporting Material: - You may not use software to provide services to third parties. - You may not make copies and distribute, resell or sublicense software to third parties. - You may not download and/or use patches, enhancements, bug fixes, or similar updates unless you have a license to the underlying software. However, such license doesn't automatically give you a right to receive such updates and HPE reserves the right to make such updates only available to customers with support contracts. - You may not copy software or make it available on a public or external distributed network. - You may not allow access software on an intranet unless it is restricted to authorized users. - You may not make copies of software except that you may make one copy of the software for archival purposes or when it is an essential step in authorized use. - You may not modify, reverse engineer, disassemble, decrypt, decompile or make derivative works of software. If you have a mandatory right to do so under statute, you must inform HPE in writing prior to any such modifications. 7. REMOTE MONITORING Some software may require keys or other technical protection measures and HPE may monitor your compliance with the Agreement, remotely or otherwise. If HPE makes a license management program for recording and reporting license usage information, you will use such program no later than 180 days from the date it's made available. 8. OWNERSHIP No transfer of ownership of any intellectual property will occur under this Agreement. 9. COPYRIGHT NOTICES You must reproduce copyright notices on software and documentation for authorized copies. 10. OPERATING SYSTEMS Operating system software may only be used on approved hardware and configurations. 11. 90-DAY LIMITED WARRANTY FOR HPE SOFTWARE - HPE-branded software materially conforms to its specifications, if any, and is free of malware at the time of delivery; if you notify HPE within 90 days of delivery of non-conformance to this warranty, HPE will replace your copy. This Agreement states all remedies for warranty claims. - HPE does not warrant that the operation of software will be uninterrupted or error free, or that software will operate in hardware and software combinations other than as authorized by HPE in Supporting Material. To the extent permitted by law, HPE disclaims all other warranties. 12. INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT HPE will defend and/or settle any claims against you that allege that HPE-branded software as supplied under this Agreement infringes the intellectual property rights of a third party. HPE will rely on your prompt notification of the claim and cooperation with our defense. HPE may modify the software so as to be non-infringing and materially equivalent, or we may procure a license. If these options are not available, we will refund to you the amount paid for the affected product in the first year or the depreciated value thereafter. HPE is not responsible for claims resulting from any unauthorized use of the software. 13. LIMITATION OF LIABILITY HPE's liability to you under this Agreement is limited to the amount actually paid by you to HPE for the relevant software, except for amounts in Section 12 ("Intellectual Property Rights Infringement"). Neither you nor HPE will be liable for lost revenues or profits, downtime costs, loss or damage to data or indirect, special or consequential costs or damages. This provision does not limit either party's liability for: unauthorized use of intellectual property, death or bodily injury caused by their negligence; acts of fraud; willful repudiation of the Agreement; or any liability that may not be excluded or limited by applicable law. 14. TERMINATION This Agreement is effective until terminated or in the case of a limited-term license, upon expiration of such license; however, your rights under this Agreement terminate immediately if you fail to comply with any terms under this Agreement. Immediately upon termination or expiration, you will destroy the software and documentation and any copies, or return them to HPE. You may keep one copy of software and documentation for archival purposes. We may ask you to certify in writing you have complied with this section. Warranty disclaimers, the limitation of liability, this section on termination, and Section 15 ("General") will survive termination. 15. GENERAL a. ASSIGNMENT ---------- You may not assign this Agreement without prior written consent from HPE, payment of transfer fees and compliance with HPE's software license transfer policies. Authorized assignments will terminate your license to the software and you must deliver software and documentation and copies thereof to the assignee. The assignee will agree in writing to this Agreement. You may only transfer firmware if you transfer associated hardware. b. U.S. GOVERNMENT --------------- If the software is licensed to you for use in the performance of a U.S. Government prime contract or subcontract, you agree that, consistent with FAR 12.211 and 12.212, commercial computer software, computer software documentation and technical data for commercial items are licensed under HPE's standard commercial license. c. GLOBAL TRADE COMPLIANCE ----------------------- You agree to comply with the trade-related laws and regulations of the U.S. and other national governments. If you export, import or otherwise transfer products provided under this Agreement, you will be responsible for obtaining any required export or import authorizations. You confirm that you are not located in a country that is subject to trade control sanctions (currently Cuba, Iran, N. Korea, N. Sudan, and Syria) and further agree that you will not retransfer the products to any such country. HPE may suspend its performance under this Agreement to the extent required by laws applicable to either party. d. AUDIT ----- HPE may audit you for compliance with the software license terms. Upon reasonable notice, HPE may conduct an audit during normal business hours (with the auditor's costs being at HPE's expense). If an audit reveals underpayments then you will pay to HPE such underpayments. If underpayments discovered exceed five (5) percent, you will reimburse HPE for the auditor costs. e. OPEN SOURCE COMPONENTS ---------------------- To the extent the Supporting Material includes open source licenses, such licenses shall control over this Agreement with respect to the particular open source component. To the extent Supporting Material includes the GNU General Public License or the GNU Lesser General Public License: a. the software includes a copy of the source code; or b. if you downloaded the software from a website, a copy of the source code is available on the same website; or c. if you send HPE written notice, HPE will send you a copy of the source code for a reasonable fee. f. NOTICES ------- Written notices under this Agreement may be provided to HPE via the method provided in the Supporting Material. g. GOVERNING LAW ------------- This Agreement will be governed by the laws of the state of California, U.S.A., excluding rules as to choice and conflict of law. You and HPE agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply. h. FORCE MAJEURE ------------- Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control, except for payment obligations. i. ENTIRE AGREEMENT ---------------- This Agreement represents our entire understanding with respect to its subject matter and supersedes any previous communication or agreements that may exist. Modifications to the Agreement will be made only through a written amendment signed by both parties. If HPE doesn't exercise its rights under this Agreement, such delay is not a waiver of its rights. 16. AUSTRALIAN CONSUMERS If you acquired the software as a consumer within the meaning of the 'Australian Consumer Law' under the Australian Competition and Consumer Act 2010 (Cth) then despite any other provision of this Agreement, the terms at this URL apply: http://www.hpe.com/software/SWLicensing. 17. RUSSIAN CONSUMERS If you are based in the Russian Federation and the rights to use the software are provided to you under a separate license and/or sublicense agreement concluded between you and a duly authorized HPE partner, then this Agreement shall not be applicable. Additional License Authorizations --------------------------------- Aruba ClearPass Terms and Conditions Attachment ----------------------------------------------- The terms and conditions of the YOU (“CUSTOMER”) SHOULD CAREFULLY READ THE FOLLOWING TERMS BEFORE USE OF THE HPE SOFTWARE MADE AVAILABLE FROM THE APPLICABLE HEWLETT PACKARD ENTERPRISE COMPANY (“HPE”). USE OF --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- THE SOFTWARE SHALL BE DEEMED TO CONFIRM YOUR ACCEPTANCE OF THESE TERMS. ---------------------------------------------------------------------- This Aruba ClearPass Terms and Conditions (the “Aruba ClearPass Terms and Conditions”) supplements the HPE End User License Agreement (the “EULA”). In the event of any conflict between the Aruba ClearPass Terms and Conditions and any other agreement between the parties, the Airwave Terms and Conditions will prevail. Capitalized terms not otherwise defined in this Airwave Terms and Conditions are defined in the EULA. 1. The ClearPass software (“Software”) may only be run directly on Hewlett Packard Enterprise Company/Aruba's hardware products, except Software that is specifically designed by HPE to operate on third party hardware may be run on such third party hardware platforms. The Customer may not perform interoperability testing on the Software without the prior written approval of HPE. 2. Customer shall not disclose any information relating to the performance or operation of the Software (including any benchmarking or other testing results) to any third party without the express prior written consent of HPE. Customer may not engage a third party to perform security testing on the Software unless that third party enters into a written non-disclosure agreement directly with HPE. 3. Customer understands and agrees that Software may be designed to automatically communicate certain network parameters and other information about the Software and their performance back to HPE. Subject to Section 7 of the EULA, HPE will not use any information gathered in this manner for any other purpose. 4. If, in the course of the Software license, HPE processes Customer Personal Data (as defined below), HPE shall process such Customer Personal Data only as permitted under this Aruba ClearPass Terms and Conditions and the EULA and in compliance with applicable data protection legislation to which HPE is subject as a service provider and processor of Customer Personal Data, and in accordance with the then current HPE Data Processing and Security terms and conditions. “Customer Personal Data” means personal data of which Customer or its affiliates is the data controller and which HPE processes in the course of providing HPE SaaS. The terms “controller”, “processor”, “process”, “processed”, “processing”, and “personal data” used in this Aruba ClearPass Terms and Conditions shall be as defined by EU Directive 95/46/EC, unless otherwise defined by applicable data protection legislation. 5. For non-HPE/Aruba software or portions of software, the applicable third party’s license terms will govern its use. 6. HPE’s support services will be described in the applicable Supporting Material, which will cover the description of HPE’s offering, eligibility requirements, service limitations and Customer responsibilities, as well as the Customer systems supported. HPE’s service, support and warranty commitments do not cover claims resulting from: i. improper use, site preparation, or site or environmental conditions or other non-compliance with applicable Supporting Material; ii. modifications or improper system maintenance or calibration not performed by HPE or authorized by HPE; iii. failure or functional limitations of any non-HPE/Aruba software or product impacting systems receiving HPE support or service; iv. malware (e.g. virus, worm, etc.) not introduced by HPE; or v. abuse, negligence, accident, fire or water damage, electrical disturbances, transportation by Customer, or other causes beyond HPE’s control. Support services are performed using generally recognized commercial practices and standards. Customer agrees to provide prompt notice of any such service concerns and HPE will re-perform any service that fails to meet this standard. The kind of installed guest operating system Virtual hardware requirements Virtual Hardware Family 0 CPPM-VM-x86_64-6.12.0.300732-ARUBA-ESX vmx-14 hertz * 10^6 Number of Virtual CPUs 8 virtual CPU(s) 1 3 8 byte * 2^20 Memory Size 8192MB of memory 2 4 8192 0 SCSI Controller SCSI Controller 0 3 lsilogic 6 1 IDE Controller VirtualIDEController 1 4 5 0 IDE Controller VirtualIDEController 0 5 5 false VirtualVideoCard 6 24 false VirtualVMCIDevice 7 vmware.vmci 1 0 Hard Disk 1 ovf:/disk/vmdisk1 8 3 17 7 true VM Network VmxNet3 ethernet adapter on "VM Network" Ethernet 1 9 VmxNet3 10 8 false VM Network 2 VmxNet3 ethernet adapter on "VM Network 2" Ethernet 2 10 VmxNet3 10