Effective Date: July 1, 2010

The following terms and conditions govern your use of the Nicira Networks, Inc. web site and the materials accessible on or from the site. Please read these terms carefully before using the site. Your use of the site means that you accept these terms. If you do not agree with these terms, please do not use this site.

Modifications
We may modify these terms from time to time without notice to you. We may also impose rules for and limits on use of the site or restrict your access to part, or all, of the site without notice. You should check these terms periodically for modifications. By continuing to use the site after any changes are posted, you acknowledge acceptance of those changes.

Nature of Information
The information on this site is provided solely for general informational purposes only and does not create a business or professional services relationship. Any reliance on the information in this site is solely at your own risk.

Documents
Any documents on the Nicira web site (e.g., white papers, press releases, data sheets, product descriptions, and FAQs), are the copyrighted work of Nicira and/or its suppliers and are protected under United States and worldwide copyright laws and treaty provisions. Nicira permits you to copy and use such documents so long as each copy (i) is solely for informational, non-commercial use in support of Nicira products, (ii) is not modified or revised in any manner, and (iii) displays all copyright and other proprietary notices, in the same form and manner as on the original. Documents do not include (a) the design or layout of this web site, or (b) any materials (e.g., software) which are governed by a license or services agreement separate from these terms.

Proprietary Rights
Nicira trademarks may be used only with written permission from Nicira and proper acknowledgement. Any other trademarks, brands, and names displayed on the site are the property of their respective owners. All Rights Reserved. Except as expressly granted to you in a separate written agreement with Nicira, Nicira and its suppliers and licensors do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.

Disclaimer of Warranties
THE MATERIALS ACCESSIBLE FROM OR ON THIS WEB SITE ARE PROVIDED "AS IS," AND NICIRA AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO SUCH MATERIALS.

Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY LAW, NICIRA EXCLUDES FOR ITSELF AND ITS SUPPLIERS AND LICENSORS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THIS WEB SITE AND THE MATERIALS AND PRODUCTS ACCESSIBLE ON OR FROM THE SITE, EVEN IF NICIRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Lawful Use of Site
You agree to comply with all applicable laws, rules and regulations in connection with your use of the site, including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. We control and operate the site from our offices in the United States of America. We do not represent that materials on the site are appropriate or available for use in other locations.

Third Party Products or Sites
Mention of non-Nicira products or services, or links to third party sites, is for information purposes only and constitutes neither an endorsement nor a recommendation. Nicira is not responsible for any third party sites, whether or not linked to or from this site.

Privacy Policy
In the course of your use of certain portions of the site, you provide information to us. Nicira's use of any information you provide via the site shall be governed by our Privacy Policy available at http://www.nicira.com/privacy.html.

General
Any claims relating to these terms or the site will be governed by California law (excluding its conflicts of laws principles). The parties consent to the exclusive jurisdiction of and venue in the federal and/or state courts located in Santa Clara County, California, for all such claims. The parties disclaim the applicability of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. Any modifications to these terms must be in writing and signed by Nicira. The waiver of any default does not waive subsequent defaults of the same or different kind. We are not responsible for any failure to perform due to unforeseen circumstances or to causes beyond our control.