8
Software End User License Agreement
the Technology, and Cisco will not be responsible or
liable for the accuracy, copyright compliance, legality or
decency of material contained in or accessed through the
Technology.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE
LAW, ALL IMPLIED WARRANTIES AND CONDITIONS
OF
MERCHANTABILITY,
SATISFACTORY
QUALITY,
NONINFRINGEMENT OR FITNESS FOR A PARTICULAR
PURPOSE ARE LIMITED TO THE DURATION OF THE
WARRANTY PERIOD. ALL OTHER EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS AND WARRANTIES ARE
DISCLAIMED. Some jurisdictions do not allow limitations
on how long an implied warranty lasts, so the above
limitation may not apply to You. This limited warranty
gives You specific legal rights, and You may also have
other rights which vary by jurisdiction.
Disclaimer of Liabilities.
TO THE EXTENT NOT PROHIBITED
BY APPLICABLE LAW, IN NO EVENT WILL CISCO BE LIABLE
FOR ANY LOST DATA, REVENUE OR PROFIT, OR FOR SPECIAL,
INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE
DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY
(INCLUDING NEGLIGENCE), ARISING OUT OF OR RELATED
TO THE USE OF OR INABILITY TO USE THE PRODUCT,
SOFTWARE OR ANY SERVICES PROVIDED IN RESPECT
OF SUCH PRODUCT OR SOFTWARE, EVEN IF CISCO HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW,
IN NO EVENT WILL CISCO’S LIABILITY EXCEED THE
AMOUNT PAID BY YOU FOR THE PRODUCT. IF YOU LIVE
IN THE EUROPEAN UNION, REFERENCES TO “SPECIAL,
INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL
DAMAGES” SHALL MEAN ANY LOSSES WHICH (i) WERE
NOT REASONABLY FORESEEABLE BY BOTH PARTIES, AND/
OR (ii) WERE KNOWN TO YOU BUT NOT TO US AND/OR (iii)
WERE REASONABLY FORESEEABLE BY BOTH PARTIES BUT
COULD HAVE BEEN PREVENTED BY YOU SUCH AS, FOR
EXAMPLE (BUT WITHOUT LIMITATION), LOSSES CAUSED
BY VIRUSES, TROJANS OR OTHER MALICIOUS PROGRAMS,
OR LOSS OF OR DAMAGE TO YOUR DATA. THE FOREGOING
LIMITATIONS WILL APPLY WITH RESPECT TO CISCO, ITS
DISTRIBUTORS, CONTRACTORS, AND AGENTS AND EVEN
IF ANY WARRANTY OR REMEDY PROVIDED UNDER THIS
LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.
NOTHING IN THIS SECTION SHALL LIMIT THE LIABILITY OF
CISCO OR ITS DISTRIBUTORS, CONTRACTORS OR AGENTS
IN RELATION TO DEATH OR PERSONAL INJURIES CAUSED
BY THEIR NEGLIGENCE.
Indemnity.
You agree that Cisco and its distributors,
partners, contractors and agents shall have no liability
whatsoever for any use You make of the Technology.
You shall indemnify and hold harmless Cisco and its
distributors, partners, contractors and agents from
any claims, damages, losses, liabilities, costs and fees
(including reasonable attorney fees) arising from Your use
of the Technology as well as from Your failure to comply
with any term of this Agreement.
Technical Support.
This limited warranty is neither
a service nor a support contract. Information about
Cisco’s current technical support offerings and policies
(including any fees for support services) can be found at
www.myciscohome.com/support.
Export.
Software, including technical data, may be
subject to U.S. export control laws and regulations and/or
export or import regulations in other countries. You agree
to comply strictly with all such laws and regulations.
U.S. Government Users.
The Software and Documentation
qualify as “commercial items” as defined at 48 C.F.R. 2.101
and 48 C.F.R. 12.212. All Government users acquire the
Software and Documentation with only those rights
herein that apply to non-governmental customers. 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.
General Terms.
This Agreement will be governed by and
construed in accordance with the laws of the State of
California, without reference to conflict of laws principles.
The United Nations Convention on Contracts for the
International Sale of Goods will not apply. If any portion
of this Agreement is found to be void or unenforceable,
the remaining provisions will remain in full force and
effect. Each party recognizes and agrees that the
warranty disclaimers and liability and remedy limitations
in this Agreement are material bargained for bases of
this Agreement and that they are reasonable and have
been taken into account and reflected in determining
the consideration to be given by each party under this
Agreement and in the decision by each party to enter
into this Agreement. Cisco’s distributors, contractors
and agents are intended third party beneficiaries under
this Agreement. This Agreement constitutes the entire
agreement between the parties with respect to the
Software and supersedes any conflicting or additional
terms contained in any purchase order or elsewhere.
Except as set forth in the above “License” Section or
otherwise expressly provided under this Agreement, no
amendment to or modification of this Agreement will be
binding unless in writing and signed by Cisco and You.
Linksys, Cisco and the Cisco Logo and other trademarks
contained in the Software and Documentation are
trademarks or registered trademarks of Linksys, Cisco,
its licensors and third parties, as the case may be. You
may not remove or alter any trademark, trade names,
product names, logo, copyright or other proprietary
notices, legends, symbols or labels in the Software and
Documentation. This Agreement does not authorize
You to use Cisco’s or its licensors’ names or respective
trademarks.
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