Unless specifically set forth otherwise in any sale/purchase document between Radware and you (“you” or “Purchaser”), the following terms and conditions will apply to any sale/purchase transaction between you and Radware:
- Radware retains title in all products until full payment by Purchaser. This paragraph shall survive any termination/expiration of any sale/purchase document between Radware and you
- Payment terms of all amounts set forth in any sale/purchase document between Radware and you are 100% prepayment or by LOC
- All amounts due to Radware shall be paid without deduction or set-off or counter claim, free and clear of any restrictions or conditions, and without deduction for any and all taxes levied on the manufacturing, sale, lease, delivery or use of any Radware products and/or services. Purchaser shall be responsible for the payment of all such taxes and for providing Radware with tax-exemption certificate(s) acceptable to the relevant taxing authorities
- Radware shall not be liable to any person for any special, indirect, incidental or consequential damages, including, but not limited to, lost profits from any cause whatsoever, loss of information, interruption of business and any other damage or loss arising from or in any way connected with the manufacture, sale, lease, handling, repair, maintenance or use of any products and/or services, even if Radware has been advised of the possibility of such damage or loss. Without derogating from the foregoing, in no event shall Radware’s total aggregate liability to Purchaser shall exceed the total aggregate fees paid by Purchaser for the products/services that are the subject matter of the liability. This section will survive the termination/expiration any sale/purchase document between Radware and you
- Purchaser shall not copy, reverse compile or reverse assemble all or any portion of any Radware products and/or embedded software. This no sale/purchase document is intended to convey or transfer any intellectual property rights from one party to the other, or to grant any licenses in or to any technology or intellectual property or confidential information, other than as expressly provided therein. Without limiting the generality of the foregoing, Radware shall own all right, title and interest in any intellectual property rights embodied in and/or related to any Radware products and/or services. This paragraph shall survive any termination/expiration of any sale/purchase document between Radware and you
- Software is licensed under Radware’s End User License Agreement published at https://www.radware.com/Resources/eula.html
- All service components are purchased by Purchaser for the indicated duration only and are provided pursuant to Radware's Certainty Support Guide as published by Radware from time to time at http://www.radware.com/Support/Certainty-Support-Program/
- Software Upgrade Policies are available per unit per year. Information on acquiring upgrades as they become available are provided with the product
- Prior to the end of each service year, Radware will send Purchaser renewal forms and a price quote for the renewal. Purchaser agrees that in the event Purchaser does not renew the service agreement prior to the end of the service year, Radware shall be under no obligation to renew the service agreement at a later stage. Purchaser further acknowledges that in the event Purchaser requests a new service agreement after a lapse in coverage, Radware will charge Purchaser a one-time reinstatement fee of: (i) 5% of the annual contract value for every week of delay (i.e. 5% for one week delay, 10% for 2 weeks delay, 15% for 3 weeks delay and 20% for 4 weeks delay); or (ii) for a lapse of over 30 to 90 days, a 25% reinstatement fee will be charged; or (iii) for a lapse of over 90 days, a 50% reinstatement fee will be charged.
- It is customer’s responsibility to inform Radware of the exact location of the units which are under the service levels of “Next Business Day” and “4 Hours Replacement” response time
- For product Subject to EOS notice, 24 months after the EOS (End Of Sale) date, Radware will no longer provide software upgrades and update of any type including Hot/Bug Fixes. Please Check our Certainty Support Guide for list of Product that are EOS http://www.radware.com/Support/Certainty-Support-Program/.