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THIS TERMS OF ACCESS AND USE AGREEMENT ("AGREEMENT") GOVERNS YOU, AND YOUR EMPLOYEES (COLLECTIVELY "YOU") ACCESS TO AND USE OF THE ARISTA NETWORKS, INC. ("ARISTA") SUPPORT ONLINE RESOURCES MADE AVAILABLE ON THE ARISTA WEBSITE AT SUPPORT (THE "SUPPORT RESOURCES").

BY ACCESSING AND USING THE SUPPORT RESOURCES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY (THE "COMPANY"), YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT.

IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SUPPORT RESOURCES.

1. Access to the Support Resources

   1. Permissible Use. Subject to You (i) having an active customer account with Arista, (ii) having, at the time of such access, the minimum support subscription required for access to the Support Resources, and (iii) not being in breach of the terms of this Agreement, You and Your authorized employees, may access, download, and use material displayed on the Support Resources solely for the purpose of maintaining and supporting Arista products and services purchased by You from Arista or an authorized Arista reseller. Notwithstanding anything to the contrary set forth in a separate signed agreement or agreements between You and Arista governing the provision of Arista products or services, You hereby agree that Your access and use of the Support Resources is subject to this Agreement. Nothing in this Agreement shall be construed as granting any right of access to the Support Resources or license to the Arista Content (defined below) except as expressly set forth in this Agreement. In the event of a conflict between the terms in this Agreement and any other agreement between You and Arista, the terms of this Agreement shall control access and use of the Support Resources.
   2. Authorized Users. You agree that only users accessing the Support Resources with Your domain name will be granted access to Support Resources in connection with Your account with Arista. You are responsible for protecting the confidentiality of Your user account, and if You are a Company, then all usernames and passwords registered to the Company account. Without limiting the foregoing, You are responsible for all actions which occur under such names and/or passwords. If You believe that any username or password associated with Your account has been compromised, You must contact Arista promptly.
   3. Restrictions. You agree to the following restrictions and limitations to Your right to access and use the Support Resources:
      1. You may not make derivative works, distribute, modify, or otherwise use the Arista Content for public or non-business purposes without prior written permission from Arista and its licensors, as applicable. For purposes of this Agreement, "Arista Content" means all software, code, text, images, graphics, photographs, video clips, designs, icons, sounds, information, data, and other materials displayed on, contained within, or otherwise associated with the Support Resources. Arista Content may include but is not limited to, information concerning Arista software, bugs, and downloads.
      2. You may not provide access to the Support Resources or transfer, share, outsource, or distribute copies of Arista Content to any third parties.
      3. You may not seek to access portions of the Support Resources that You do not have authorization to access.
      4. You may not download or attempt to download software upgrades or updates unless You have a current active subscription to Arista’s Maintenance and Support Services (A-Care) for such software.
      5. You agree to refrain from placing on Support Resources: (i) any offensive or unlawful material; (ii) any material containing any computer virus, worm, or other malicious code; and (iii) any material that infringes another person’s copyright, trade or service mark, patent, or other property right.
      6. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Support Resources, Arista Content, or any business being conducted on the Arista Portal or Support Resources
   4. Customer Content. You acknowledge that Arista may delete all or a portion of the content you post to the Support Resources (the "User Content") consistent with Arista’s document retention policies or otherwise, at any time. Arista reserves the right to log, review, and otherwise review any User Content stored on the Support Resources. Although Arista may endeavor to provide You with advance notice of the deletion of all or a portion of the User Content, You should not assume that Arista will do so. You should not consider the Support Resources to be a storage, archival, or back-up location or tool with respect to any of User Content or other information associated with Support Resources. You hereby grant Arista and its service providers permission to obtain and use User Content collected from You in connection with the operation of Support Resources and the performance of services for You. In addition, You hereby grant Arista a non-exclusive and royalty-free license (including but not limited to a copyright license) to use, reproduce, distribute, make derivative works of, perform, and display the User Content and derivative works thereof, along with other data and information that Arista has concerning You, in connection with the operation of Support Resources and the performance of services for You. All User Content is subject to the Arista Privacy Policy that is posted at Support Resources and in effect at the time such User Content is placed on Support Resources or subsequently amended.
   5. Lawful Use; Portal Content. Your access to and use of the Support Resources is subject to all applicable international, federal, state and local laws and regulations. You represent and warrant that You will not use any Support Resources in a manner or for any purposes that are unlawful or prohibited by this Agreement. Arista may immediately suspend or terminate Your access to the Support Resources if it determines that Your use is or may be unlawful.
   6. Downtime and Portal Suspension. Your access to and use of the Support Resources may be suspended for the duration of any anticipated, unanticipated, scheduled or unscheduled downtime, maintenance, system updates, or other unavailability for any reason.

2. Modifications to this Agreement

   1. Changes to this Agreement. Arista reserves the right, in its sole discretion, to modify, add or remove any portion of this Agreement, in whole or in part, at any time with prior notice to You at least thirty (30) days before such amendments are to take effect. You agree that notification to You of amendments in the Agreement will be posted on , and that such amendments will become effective thirty (30) days after notification is posted to Product Documentation and will remain in force prospectively thereafter unless subsequently further modified or changed. Your continued use of any Support Resources shall establish Your acceptance of all amendments in this Agreement.
   2. Changes to Support Resources. The Support Resources may be modified, revised, upgraded from time to time, or removed in its entirety by Arista without notice or liability.

3. Confidentiality

   You understand that You may receive certain Arista Confidential Information (as defined below) made available on Support Resources. "Confidential Information" includes Arista Content and any other information transmitted via the Support Resources. You agree that you will not disclose Confidential Information to any third party. You agree not to use or reproduce such Confidential Information without the prior written consent of Arista except as otherwise permitted herein. You agree that You will limit access to Confidential Information to those of Your employees who have a need to know such Confidential Information for the purpose of accessing and using the Support Resources as authorized herein. You agree that upon written request, You will return to Arista any and all written or tangible materials (including all copies) of Confidential Information in Your possession. You acknowledge that the Confidential Information is of a special, unique, and extraordinary character and that a breach of this Agreement by You will cause continuing and irreparable injury to Arista and its clients for which monetary damages would not be an adequate remedy. In the event of a breach of this Agreement, in addition to any other legal remedies available, Arista and its clients have the right to seek injunctive or other equitable relief without any requirement for the posting of any security or bond.

4. Intellectual Property

   1. Trademarks. The Support Resources contains names, logos, trademarks, service marks and other intellectual property which may not be used by You for any purpose without prior written permission from Arista and its licensors, as applicable. No right or license to use any trademark, service mark, logo, graphic, sound, image, or other aspect of Support Resources is granted by this Agreement.
   2. Intellectual Property Rights. All intellectual property rights to and provided through the Support Resources are fully reserved by Arista, and any third-party owners of those rights, including, without limitation, all methods, methodologies, procedures, processes, know-how, software, algorithms, techniques, and other technology displayed, used, or incorporated on Support Resources.

5. Links to other Websites

   Some portions of the Support Resources may include links to third-party websites. Such links are provided or permitted to exist as a convenience, and Arista is not responsible for the information, advertising, products, services, content, or other material of any third-party website, regardless of whether such third-party website links to the Support Resources or is accessible by a link from the Support Resources. The inclusion and use of links does not imply sponsorship or endorsement by Arista of any third-party website.

6. Disclaimer of Warranties

   1. General Disclaimer. ALL PRODUCTS, SERVICES, INFORMATION, ARISTA CONTENT, TEXT, AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH SUPPORT RESOURCES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. ARISTA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF SUPPORT RESOURCES, THE ARISTA TECHNOLOGY, SOFTWARE, MAINTENANCE SERVICES, SUPPORT SERVICES, DELIVERABLES, RESOURCES, EQUIPMENT, ARISTA CONTENT, OR OTHER ITEMS OR SERVICES PROVIDED BY ARISTA UNDER THIS AGREEMENT OR THE RESULTS TO BE DERIVED FROM THE USE THEREOF. WITHOUT LIMITING THE FOREGOING, ARISTA AND ITS CLIENTS DO NOT WARRANT OR REPRESENT THAT ANY SUPPORT RESOURCES WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SUPPORT RESOURCES WILL BE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, OR THAT THE ARISTA CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ARISTA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF (i) MERCHANTABILITY OR SATISFACTORY QUALITY, (ii) FITNESS FOR A PARTICULAR PURPOSE, (iii) TITLE, AND (iv) NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OF TRADE, OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE ABOVE, ARISTA SHALL NOT BE RESPONSIBLE FOR AND SPECIFICALLY DISCLAIM ALL WARRANTY OBLIGATIONS WHATSOEVER WITH RESPECT TO YOUR NEGLIGENCE OR MISUSE OF THE SUPPORT RESOURCES, DATA INPUT ERRORS, OR YOUR FAILURE TO FOLLOW INSTALLATION AND OPERATING INSTRUCTIONS PROVIDED BY ARISTA. YOU EXPRESSLY AGREE THAT YOUR USE OF SUPPORT RESOURCES, INCLUDING ALL DATA OR CONTENT VIEWED OR TRANSMITTED THROUGH A SUPPORT RESOURCES, IS AT YOUR SOLE RISK.
   2. Limitation of Remedies. Under no circumstances shall Arista be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages that result from, arise out of or otherwise relate to your use of or inability to use the Support Resources. In the event any portion of the Support Resources fails to function properly in accordance with the applicable documentation, Arista shall use commercially reasonable efforts to perform maintenance on the Support Resources, or in the case of errors in the technology documentation, to correct the documentation so that it correctly represents the performance of the Arista products and services. THIS SECTION 6.2 SETS FORTH YOUR SOLE REMEDY FOR ANY BREACH OF ANY WARRANTY BY ARISTA REGARDING THE SUPPORT RESOURCES AND THE ARISTA CONTENT.

7. Indemnification

   YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ARISTA, ITS AGENTS, LICENSORS, CLIENTS AND SERVICE PROVIDERS, AND THEIR RESPECTIVE AFFILIATES AND SUBSIDIARIES, AND THEIR PAST AND PRESENT OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, AND ASSIGNS, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, COSTS, AND EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, RESULTING FROM YOUR BREACH OF ANY PROVISION OF THIS AGREEMENT.

8. How to Contact Arista

   Please address correspondence concerning Support Resources to: Arista, ATTN: support-portal@arista.com.

9. Applicable Law, Jurisdiction and Venue.

   This Agreement shall be governed by the laws of the State of California (or applicable federal law) without giving effect to its conflict of laws rules. The Parties submit to the exclusive jurisdiction of the courts located in Santa Clara, California for the resolution of any disputes between the Parties.

10. Termination; Survival

    Your access to the Support Resources shall terminate automatically and effective immediately if You breach the terms of this Agreement or fail to meet any of the criteria provided in Section 1.1 (Permissible Use). Your confidentiality obligations hereunder shall survive termination of this Agreement.

11. Waiver and Severability

    The failure of Arista to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. To the extent that any provision in this Agreement shall be found to be unenforceable, such provision shall be modified in such a manner so as to make this Agreement as modified, legal and enforceable under applicable laws and the balance of the provisions of the terms in this Agreement shall not be affected thereby.

This Agreement was last updated on July 27, 2023.