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Supplement and Release Notes for CiscoWorks Security Information Management Solution (SIMS) 3.4.1
OL-11757-01
CiscoWorks SIMS Licensing and Registration
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, (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 CONDITION OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT, SATISFACTORY QUALITY 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
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 Software License
Disclaimer of Liabilities. IN NO EVENT WILL CISCO OR ITS SUPPLIERS
BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR LOST OR DAMAGED
DATA, 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), 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. The foregoing limitations shall apply even if the