This Evaluation Agreement (this “Agreement”) is entered into as of today’s date (the “Effective Date”) by and between Infoblox Inc., a Delaware corporation with its principal place of business at 4750 Patrick Henry Drive, Santa Clara, CA 95054 (“Infoblox”) and the entity requesting evaluation units (“Customer”).

1. Purpose. The purpose of this document is to set forth the terms under which Infoblox may provide Infoblox server appliances and other products (collectively, “Products”) on a temporary loan basis to customers or development partners, subject to Infoblox’s acceptance of Customer’s application.

2. Evaluation. Customer may use the Product(s) provided by Infoblox only for internal evaluation purposes for a period of up to fifteen (15) days from the date that the Products are shipped by Infoblox (the “Evaluation Period”), at which time (i) Customer and Infoblox may, upon mutual written agreement (including via e-mail), extend the Evaluation Period, or (ii) Customer may purchase the Product(s) at Infoblox’s then current list price (Schedule A), or (iii) Customer shall return the Product(s) to Infoblox at Customer’s expense.

a) Software contained in any of the Product(s) or otherwise provided by Infoblox hereunder (the “Software”) is only licensed to Customer for the term of the Evaluation Period for use in object code form only as incorporated in the Product with which it is supplied for the purposes of Customer’s internal testing and evaluation.

b) Except as expressly authorized above, Customer shall not (i) use the Software; (ii) transfer or copy in whole or in part, Software or documentation; (iii) modify the Software; (iv) decompile, disassemble, reverse engineer or otherwise seek to discover any underlying source code or algorithms of all or any portion of the Software, except to the limited extent that applicable law expressly prohibits reverse engineering restrictions; (v) rent, lease, distribute, sell or create modifications or derivative works of the Software.

c) All right, title, property and interest in and to the Product(s) and Software, all copies, improvements, modifications and derivative works thereof, related documentation and materials, including ownership of all intellectual property rights therein and thereto, shall remain at all times with Infoblox and its licensors. Under no circumstances shall Customer sell, license, sublicense, distribute, assign, dispose of, encumber, or suffer a lien, or otherwise transfer to a third party the Product(s) without Infoblox’s prior written consent. Customer shall be responsible for any damage to or loss of the Product(s), excluding ordinary wear and tear.

3. Assistance. Infoblox shall provide reasonable assistance to Customer with respect to the installation and use of the Product(s) during the Evaluation Period.

4. Warranty. The parties acknowledge that the loaned Products are provided “AS IS.” In the event Customer purchases Products, the provisions of the Infoblox Standard Terms and Conditions will govern. INFOBLOX, ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES RELATING TO THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Products may be new or refurbished.

5. Term and Termination. This Agreement shall commence on the Effective Date and shall terminate at the end of the Evaluation Period, unless earlier terminated as set forth herein. Infoblox may, at its option, terminate this Agreement immediately if Customer: (i) fails to comply with any terms and conditions of this Agreement or (ii) uses the Product(s) other than as authorized herein. As soon as practicable following any termination or expiration of this Agreement (and in no event more than ten (10) business days thereafter), Customer agrees to return to Infoblox the Product(s) and all related materials and documentation, including without limitation all Confidential Information of Infoblox, including any analyses, test results or other data created in connection with or while using the Product(s). In the event that Customer does not deliver (or place the Product with a common carrier for delivery) to Infoblox within ten (10) business days of the termination or expiration of this Agreement and provided that Infoblox has not terminated this Agreement, Customer shall purchase the Product at Infoblox’s then-current standard price for the Product. Sections 2-8 shall survive termination, or expiration of this Agreement.

6. Limitation of Liability. IN NO EVENT SHALL INFOBLOX, ITS SUPPLIER OR LICENSORS BE RESPONSIBLE OR LIABLE, WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL THEORY, FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. IN NO EVENT SHALL INFOBLOX’S TOTAL LIABILITY UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR OTHER LEGAL THEORY, EXCEED THE GREATER OF THE AMOUNT PAID BY CUSTOMER HEREUNDER OR FIVE HUNDRED DOLLARS ($500). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF INFOBLOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

7. Confidential Information. Infoblox and Customer each agree to retain in confidence all information disclosed by a party to the other party pursuant to this Agreement which is either designated as proprietary and/or confidential, or by the nature of the circumstances surrounding disclosure, should reasonably be understood to be confidential (the “Confidential Information”). Customer acknowledges and agrees that the Product(s) and all information provided to Customer in accordance with this Agreement shall be Infoblox’s Confidential Information without the need for any marking. Each party agrees to: (a) strictly preserve and protect the confidentiality of the other party’s Confidential Information; and (b) refrain from using the other party’s Confidential Information except as contemplated herein. Notwithstanding the foregoing, Customer is solely responsible for removing any data stored on the Product(s) that Customer may consider confidential; Infoblox will not have any obligations or liability with respect to data remaining on Product(s) returned to Infoblox. The provisions of this Section 7 shall survive the termination or expiration of this Agreement for a period of five (5) years.

Customer shall not publish, or provide any results of benchmark tests, or other evaluations of Software without Infoblox’s prior written consent. Infoblox shall have the right to use for any purpose any information regarding the Product(s) gained as a result of Customer’s use and evaluation of the Product(s). Such information shall include but not be limited to changes, modifications, corrections and improvements to the Product(s) suggested by Customer.

8. General. The parties are independent contractors, and nothing in this Agreement is intended to or shall create any agency, partnership or joint venture relationship between them. This Agreement shall be governed by the laws of the state of California without reference to conflicts of laws principles. Customer may not assign this Agreement, or any of its rights or obligations hereunder, by operation of law or otherwise, without Infoblox’s prior written consent.

This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. Any modifications of this Agreement must be in writing and signed by both parties hereto.

In any action to enforce this Agreement the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.