6
Software End User License Agreement
“Software” includes, and this Agreement will apply to (a)
the software of Cisco or its suppliers purchased separately
or provided in or with the applicable Cisco product, and
(b) any upgrades, updates, bug fixes or modified versions
(“Upgrades”) or backup copies of the Software supplied
to You by Cisco or an authorized reseller (whether or not
for a fee), provided You already hold a valid license to the
original software and have paid any applicable fee for the
Upgrade.
“Documentation” means all documentation and other
related materials supplied by Cisco to You pursuant to this
Agreement.
“Technology” shall mean the Software and Services
collectively.
License Restrictions.
Other than as set forth in this
Agreement, You may not, nor permit anyone else to,
directly or indirectly (i) make, distribute, or, except in
connection with the use of Your Cisco product, copy the
Software or its related Documentation, or electronically
transfer the Software or Documentation from one
computer to another or over a network; (ii) alter, merge,
modify, adapt, decrypt or translate the Software or
related Documentation, or decompile, reverse engineer,
disassemble, or otherwise reduce or attempt to reduce
the Software to a human-perceivable form (except to
the extent expressly permitted by law notwithstanding
this provision or except to the extent that Cisco is legally
required to permit such specific activity pursuant to any
applicable open source license); (iii) share, sell, rent, lease,
or sublicense the Software or related Documentation;
(iv) modify the Software or create derivative works based
upon the Software; (v) if You make a backup copy of the
Software and Documentation, You must reproduce all
copyright notices and any other proprietary legends found
on the original Software and Documentation; (vi) use the
Technology for management of a business network with
more than 8 computers; (vii) use the Software under
any circumstances for competitive evaluation, including
developing competing software; (ix) to the extent
permitted under applicable law, assign, sublicense or
otherwise transfer the Technology unless the prospective
assignee, sublicensee or transferee expressly agrees to all
the terms and conditions under this Agreement.
The Technology and Documentation contain trade secrets
and/or copyrighted materials of Cisco or its suppliers. You
will not disclose or make available such trade secrets or
copyrighted material in any form to any third party.
In the event that You fail to comply with this Agreement,
the license granted to You will automatically terminate,
at which time You must immediately (i) stop using the
Technology and the Cisco product in which the Software
is embedded, or (ii) uninstall the Software and destroy
all copies of the Software and Documentation where the
Technology is purchased separately. All other rights of
both parties and all other provisions of this Agreement
will survive this termination.
Ownership.
The Technology and Documentation are
licensed and not sold to You by Cisco and the relevant
third parties set forth in Schedule 2. Cisco, its suppliers
and its licensors respectively retain all right, title and
interest, including all copyright and intellectual property
rights, in and to, the Technology and Documentation
and all copies, derivatives and portions thereof. All
rights not specifically granted to You in this Agreement
are reserved by Cisco and its licensors. Your use of any
software product from an entity other than Cisco that may
have been recommended by Cisco is governed by such
software product’s end user license agreement.
Third Party Services, Links and Advertising.
Cisco may
provide from within the Software links to web sites or
third party software products. In addition, third party
Services may be provided with the Software which may be
subject to terms and conditions from the provider of the
Service. Cisco makes no representations as to the quality,
suitability, functionality, or legality of any sites or products
to which links may be provided or third party Services,
and You hereby waive any claim You might have against
Cisco with respect to such sites or third party software
products or Services. Your correspondence or business
dealings with, or participation in promotions of third
parties found through the Software and any other terms,
conditions, warranties, or representations associated with
such dealings, are solely between You and such third
party. You agree that Cisco is not responsible or liable for
any loss or damage of any sort incurred as the result of any
such dealings or as the result of the presence of such third
party links, products or services in the Cisco Software,
and Cisco may discontinue or modify the Services or links
offered at any time.
Collection and Processing of Information.
You agree
that Cisco and/or its affiliates may, from time to time,
collect and process information about Your Cisco product
and/or the Software and/or Your use of either in order
(i) to enable Cisco to offer You Upgrades; (ii) to provide
support and assistance with Your product and/or the
Software; (iii) to ensure that Your Cisco product and/or
the Software is being used in accordance with the terms
of this Agreement; (iv) to provide improvements to the
way Cisco delivers technology to You and to other Cisco
customers; (v) to provide reports regarding the status
and health of the network, including network traffic and
application usage; (vi) to enable Cisco to comply with
the terms of any agreements it has with any third parties
regarding Your Cisco product and/or Software; and/or (vii)
to enable Cisco to comply with all applicable laws and/
or regulations, or the requirements of any regulatory
authority or government agency. Cisco and/ or its affiliates
may collect and process this information provided that it
does not identify You personally. You agree that Cisco has
no responsibility or liability for the deletion of or failure to
store any data or other information related to Your Cisco
product, Software or related Services.
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