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BWX 110 Desktop Modem User Guide
OL-16307-03
Chapter 19 End User License Agreement
ORIGINAL END USER PURCHASER OR LESSEE OR 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 the Agreement, Customer shall not make
any copies or duplicates of any Software without the prior written permission of Cisco.
Term and Termination. The Agreement and the license granted herein shall remain effective until terminated.
Customer may terminate the Agreement and the license at any time by destroying all copies of Software and any
Documentation. Customer’s rights under the Agreement will terminate immediately without notice from Cisco
if Customer fails to comply with any provision of the 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 Agreement” shall survive
termination of the 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, Re-Export, Transfer and Use Controls. The Software, Documentation and technology or direct
products thereof (hereafter referred to as Software and Technology), supplied by Cisco under the Agreement are
subject to export controls under the laws and regulations of the United States (U.S.). Customer shall comply
with such laws and regulations governing export, re-export, transfer and use of Cisco Software and Technology
and will obtain all required U.S. and local authorizations, permits, or licenses. Cisco and Customer each agree
to provide the other information, support documents, and assistance as may reasonably be required by the other
in connection with securing authorizations or licenses. Information regarding compliance with U.S. export,
re-export, transfer and use may be located at the following URL:
http://www.cisco.com/web/about/doing_business/legal/global_export_trade/general_export/contract_complianc
e.html.
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 the
Agreement may be incorporated, Customer may provide to Government end user or, if the Agreement is direct,
Government end user will acquire, the Software and Documentation with only those rights set forth in the
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
