Added cisco license for Cisco software (generic).

1 files changed, 253 insertions, 0 deletions

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+End User License Agreement / Software License Agreement
+
+IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT/SOFTWARE LICENSE
+AGREEMENT CAREFULLY. DOWNLOADING, INSTALLING OR USING CISCO OR CISCO-SUPPLIED
+SOFTWARE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
+
+CISCO IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT
+YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. BY
+DOWNLOADING OR INSTALLING THE SOFTWARE, OR USING THE EQUIPMENT THAT CONTAINS
+THIS SOFTWARE, YOU ARE BINDING YOURSELF AND THE BUSINESS ENTITY THAT YOU
+REPRESENT (COLLECTIVELY, 'CUSTOMER') TO THIS AGREEMENT. IF YOU DO NOT AGREE TO
+ALL OF THE TERMS OF THIS AGREEMENT, THEN CISCO IS UNWILLING TO LICENSE THE
+SOFTWARE TO YOU AND (A) DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE, AND (B)
+YOU MAY RETURN THE SOFTWARE FOR A FULL REFUND, OR, IF THE SOFTWARE IS SUPPLIED
+AS PART OF ANOTHER PRODUCT, YOU MAY RETURN THE ENTIRE PRODUCT FOR A FULL
+REFUND. YOUR RIGHT TO RETURN AND REFUND EXPIRES 30 DAYS AFTER PURCHASE FROM
+CISCO OR AN AUTHORIZED CISCO RESELLER, AND APPLIES ONLY IF YOU ARE THE
+ORIGINAL END USER PURCHASER.
+
+The following terms of this End User License Agreement/Software License
+Agreement ('Agreement') govern Customer's access and use of the Software,
+except to the extent (a) there is a separate signed agreement between Customer
+and Cisco governing Customer's use of the Software or (b) the Software
+includes a separate 'click-accept' license agreement as part of the
+installation and/or download process. To the extent of a conflict between the
+provisions of the foregoing documents, the order of precedence shall be (1)
+the signed agreement, (2) the click-accept agreement, and (3) this End User
+License Agreement / Software License Agreement.
+
+License. Conditioned upon compliance with the terms and conditions of this
+Agreement, Cisco Systems, Inc. or its subsidiary licensing the Software
+instead of Cisco Systems, Inc. ('Cisco'), grants to Customer a nonexclusive
+and nontransferable license to use for Customer's internal business purposes
+the Software and the Documentation for which Customer has paid the required
+license fees. 'Documentation' means written information (whether contained in
+user or technical manuals, training materials, specifications or otherwise)
+specifically pertaining to the Software and made available by Cisco with the
+Software in any manner (including on CD-Rom, or on-line).
+
+Customer's license to use the Software shall be limited to, and Customer shall
+not use the Software in excess of, a single hardware chassis or card or that
+number of agent(s),concurrent users, sessions, IP addresses, port(s), seat(s),
+server(s) or site(s), as set forth in the applicable Purchase Order which has
+been accepted by Cisco and for which Customer has paid to Cisco the required
+license fee.
+
+Unless otherwise expressly provided in the Documentation, Customer shall use
+the Software solely as embedded in, for execution on,or (where the applicable
+documentation permits installation on non-Cisco equipment)for communication
+with Cisco equipment owned or leased by Customer and used for Customer's
+internal business purposes. NOTE: For evaluation or beta copies for which
+Cisco does not charge a license fee, the above requirement to pay license fees
+does not apply.
+
+General Limitations. This is a license, not a transfer of title, to the
+Software and Documentation, and Cisco retains ownership of all copies of the
+Software and Documentation. Customer acknowledges that the Software and
+Documentation contain trade secrets of Cisco, its suppliers or licensors,
+including but not limited to the specific internal design and structure of
+individual programs and associated interface information. Accordingly, except
+as otherwise expressly provided under this Agreement, Customer shall have no
+right, and Customer specifically agrees not to:
+
+(i)  transfer, assign or sublicense its license rights to any other person or
+entity, or use the Software on unauthorized or secondhand Cisco equipment, and
+Customer acknowledges that any attempted transfer, assignment, sublicense or
+use shall be void;
+
+(ii)  make error corrections to or otherwise modify or adapt the Software or
+create derivative works based upon the Software, or permit third parties to do
+the same;
+
+(iii)  reverse engineer or decompile, decrypt, disassemble or otherwise reduce
+the Software to human-readable form, except to the extent otherwise expressly
+permitted under applicable law notwithstanding this restriction;
+
+(iv)  use or permit the Software to be used to perform services for third
+parties, whether on a service bureau or time sharing basis or otherwise,
+without the express written authorization of Cisco; or
+
+(v)  disclose, provide, or otherwise make available trade secrets contained
+within the Software and Documentation in any form to any third party without
+the prior written consent of Cisco. Customer shall implement reasonable
+security measures to protect such trade secrets.
+
+To the extent required by law, and at Customer's written request, Cisco shall
+provide Customer with the interface information needed to achieve
+interoperability between the Software and another independently created
+program, on payment of Cisco's applicable fee, if any. Customer shall observe
+strict obligations of confidentiality with respect to such information and
+shall use such information in compliance with any applicable terms and
+conditions upon which Cisco makes such information available.
+
+Software, Upgrades and Additional Copies. For purposes of this Agreement,
+'Software' shall include (and the terms and conditions of this Agreement shall
+apply to) computer programs, including firmware, as provided to Customer by
+Cisco or an authorized Cisco reseller, and any upgrades, updates, bug fixes or
+modified versions thereto (collectively, 'Upgrades') or backup copies of the
+Software licensed or provided to Customer by Cisco or an authorized Cisco
+reseller. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1)CUSTOMER
+HAS NO LICENSE OR RIGHT TO USE ANY ADDITIONAL COPIES OR UPGRADES UNLESS
+CUSTOMER, AT THE TIME OF ACQUIRING SUCH COPY OR UPGRADE, ALREADY HOLDS A VALID
+LICENSE TO THE ORIGINAL SOFTWARE AND HAS PAID THE APPLICABLE FEE FOR THE
+UPGRADE OR ADDITIONAL COPIES; (2) USE OF UPGRADES IS LIMITED TO CISCO
+EQUIPMENT FOR WHICH CUSTOMER IS THE ORIGINAL END USER PURCHASER OR LESSEE OR
+WHO OTHERWISE HOLDS A VALID LICENSE TO USE THE SOFTWARE WHICH IS BEING
+UPGRADED; AND (3) THE MAKING AND USE OF ADDITIONAL COPIES IS LIMITED TO
+NECESSARY BACKUP PURPOSES ONLY.
+
+Proprietary Notices. Customer agrees to maintain and reproduce all copyright
+and other proprietary notices on all copies, in any form, of the Software in
+the same form and manner that such copyright and other proprietary notices are
+included on the Software. Except as expressly authorized in this Agreement,
+Customer shall not make any copies or duplicates of any Software without the
+prior written permission of Cisco.
+
+Term and Termination.This Agreement and the license granted herein shall
+remain effective until terminated. Customer may terminate this Agreement and
+the license at any time by destroying all copies of Software and any
+Documentation. Customer's rights under this Agreement will terminate
+immediately without notice from Cisco if Customer fails to comply with any
+provision of this Agreement. Upon termination, Customer shall destroy all
+copies of Software and Documentation in its possession or control. All
+confidentiality obligations of Customer and all limitations of liability and
+disclaimers and restrictions of warranty shall survive termination of this
+Agreement. In addition, the provisions of the sections titled 'U.S. Government
+End User Purchasers' and 'General Terms Applicable to the Limited Warranty
+Statement and End User License' shall survive termination of this Agreement.
+
+Customer Records. Customer grants to Cisco and its independent accountants the
+right to examine Customer's books, records and accounts during Customer's
+normal business hours to verify compliance with this Agreement. In the event
+such audit discloses non-compliance with this Agreement, Customer shall
+promptly pay to Cisco the appropriate license fees, plus the reasonable cost
+of conducting the audit.
+
+Export. Software and Documentation, including technical data, may be subject
+to U.S. export control laws, including the U.S. Export Administration Act and
+its associated regulations, and may be subject to export or import regulations
+in other countries. Customer agrees to comply strictly with all such
+regulations and acknowledges that it has the responsibility to obtain licenses
+to export, re-export, or import Software and Documentation.
+
+U.S.Government End User Purchasers. The Software and Documentation qualify as
+'commercial items', as that term is defined at Federal Acquisition Regulation
+('FAR') (48 C.F.R.) 2.101, consisting of 'commercial computer software' and
+'commercial computer software documentation' as such terms are used in FAR
+12.212. Consistent with FAR 12.212 and DoD FAR Supp. 227.7202-1 through
+227.7202-4, and notwithstanding any other FAR or other contractual clause to
+the contrary in any agreement into which this End User License
+Agreement/Software License Agreement may be incorporated, Customer may provide
+to Government end user or, if this Agreement is direct, Government end user
+will acquire, the Software and Documentation with only those rights set forth
+in this End User License Agreement/Software License Agreement. Use of either
+the Software or Documentation or both constitutes agreement by the Government
+that the Software and Documentation are 'commercial computer software' and
+'commercial computer software documentation,' and constitutes acceptance of
+the rights and restrictions herein.
+
+Limited Warranty
+Subject to the limitations and conditions set forth herein, Cisco warrants
+that commencing from the date of shipment to Customer (but in case of resale
+by an authorized Cisco reseller, commencing not more than ninety (90) days
+after original shipment by Cisco), and continuing for a period of the longer
+of (a) ninety (90) days or (b) the software warranty period (if any) set forth
+in the warranty card accompanying the product of which the Software is a part
+(the 'Product') (if any): (a) the media on which the Software is furnished
+will be free of defects in materials and workmanship under normal use; and (b)
+the Software substantially conforms to the Documentation. The date of shipment
+of a Product by Cisco is set forth on the packaging material in which the
+Product is shipped. Except for the foregoing, the Software is provided AS IS.
+This limited warranty extends only to the Customer who is the original
+licensee. Customer's sole and exclusive remedy and the entire liability of
+Cisco and its suppliers and licensors under this limited warranty will be (i)
+replacement of defective media and/or (ii) at Cisco's option, repair,
+replacement, or refund of the purchase price of the Software, in both cases
+subject to the condition that any error or defect constituting a breach of
+this limited warranty is reported to Cisco or the party supplying the Software
+to Customer, if different than Cisco, within the warranty period. Cisco or the
+party supplying the Software to Customer may, at its option, require return of
+the Software as a condition to the remedy. In no event does Cisco warrant that
+the Software is error free or that Customer will be able to operate the
+Software without problems or interruptions. In addition, due to the continual
+development of new techniques for intruding upon and attacking networks, Cisco
+does not warrant that the Software or any equipment, system or network on
+which the Software is used will be free of vulnerability to intrusion or
+attack.
+
+Restrictions. This warranty does not apply if the Software, Product or any
+other equipment upon which the Software is authorized to be used (a) has been
+altered, except by Cisco or its authorized representative, (b) has not been
+installed, operated, repaired, or maintained in accordance with instructions
+supplied by Cisco, (c) has been subjected to abnormal physical or electrical
+stress, misuse, negligence, or accident; or (d) is licensed, for beta,
+evaluation, testing or demonstration purposes for which Cisco does not charge
+a purchase price or license fee.
+
+DISCLAIMER OF WARRANTY. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR
+IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT
+LIMITATION, ANY IMPLIED WARRANTY OR CONDITIONOF MERCHANTABILITY, FITNESS FOR A
+PARTICULAR PURPOSE, NON-INFRINGEMENT,SATISFACTORY QUALITY, NON-INTERFERENCE,
+ACCURACY OF INFORMATIONAL CONTENT,OR ARISING FROM A COURSE OF DEALING, LAW,
+USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY
+APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY CISCO, ITS SUPPLIERS AND
+LICENSORS. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY
+IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR
+JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,
+THE ABOVE LIMITATION MAY NOT APPLY. THIS WARRANTY GIVES CUSTOMER SPECIFIC
+LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
+JURISDICTION TO JURISDICTION. This disclaimer and exclusion shall apply even
+if the express warranty set forth above fails of its essential purpose.
+
+General Terms Applicable to the Limited Warranty Statement and End User
+License.
+
+Disclaimer of Liabilities. REGARDLESS WHETHER ANY REMEDY SET FORTH HEREIN
+FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL CISCO OR ITS
+SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR LOST OR DAMAGED DATA,
+BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT,
+CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS
+OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR INABILITY
+TO USE SOFTWARE OR OTHERWISE AND EVEN IF CISCO OR ITS SUPPLIERS OR LICENSORS
+HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall
+Cisco's or its suppliers' or licensors' liability to Customer, whether in
+contract, tort (including negligence), breach of warranty, or otherwise,
+exceed the price paid by Customer for the Software that gave rise to the claim
+or if the Software is part of another Product, the price paid for such other
+Product. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR
+EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES,THE ABOVE LIMITATION MAY NOT
+APPLY TO YOU.
+
+Customer agrees that the limitations of liability and disclaimers set forth
+herein will apply regardless of whether Customer has accepted the Software or
+any other product or service delivered by Cisco. Customer acknowledges and
+agrees that Cisco has set its prices and entered into this Agreement in
+reliance upon the disclaimers of warranty and the limitations of liability set
+forth herein, that the same reflect an allocation of risk between the parties
+(including the risk that a contract remedy may fail of its essential purpose
+and cause consequential loss), and that the same form an essential basis of
+the bargain between the parties.
+
+The Warranty and the End User License shall be governed by and construed in
+accordance with the laws of the State of California , without reference to or
+application of choice of law rules or principles. The United Nations
+Convention on the International Sale of Goods shall not apply. If any portion
+hereof is found to be void or unenforceable, the remaining provisions of the
+Agreement shall remain in full force and effect. Except as expressly provided
+herein, this Agreement constitutes the entire agreement between the parties
+with respect to the license of the Software and Documentation and supersedes
+any conflicting or additional terms contained in any purchase order or
+elsewhere, all of which terms are excluded. This Agreement has been written in
+the English language, and the parties agree that the English version will
+govern.