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BWX 120 PCMCIA Modem User Guide
OL-16321-03
Chapter 22 End User License Agreement
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 such other limitations as are set forth in the applicable Supplemental
License Agreement or in the applicable purchase order which has been accepted by Cisco and for which
Customer has paid to Cisco the required license fee (the “Purchase Order”).
Unless otherwise expressly provided in the Documentation or any applicable Supplemental License Agreement,
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. No other licenses are granted by
implication, estoppel or otherwise.
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 or its suppliers or licensors, including but not limited to the
specific internal design and structure of individual programs and associated interface information. Except as
otherwise expressly provided under the 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 (other than in compliance
with any Cisco relicensing/transfer policy then in force), 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 applicable 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 the Agreement, “Software” shall include (and the
terms and conditions of the 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 any of the foregoing
.
NOTWITHSTANDING ANY
OTHER PROVISION OF THE AGREEMENT: (1) CUSTOMER HAS NO LICENSE OR RIGHT TO MAKE
OR USE ANY ADDITIONAL COPIES OR UPGRADES UNLESS CUSTOMER, AT THE TIME OF MAKING
OR 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
