15
Appendix E
Software End User License Agreement
EtherFast 10/100 5/8/16-Port Workgroup Switch
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. 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.
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.
END OF SCHEDULE 1
Schedule 2
Network Magic Features
Network Magic License Restrictions.
Other than as set
forth in this Agreement, you may not install or execute the
Network Magic Software on any non-personal computer
product, including, but not limited to, a Web appliance,
set top box, handheld device, phone, Web pad device, or
any device running the Microsoft Windows CE operating
system.
Terms of Service for Subscription Licenses.
These Terms
of Service only apply if you have obtained a subscription
license to Network Magic as specified in your order.
1. Network Magic Cancellation
. You may cancel the
Services at any time. If you cancel the Services, Cisco will not
be obligated to provide you any Network Magic product
Upgrades. To the extent not prohibited by applicable
law, you understand and agree that cancellation of your
Services is your sole remedy with respect to any dispute
with Cisco.
2. Modifications.
Cisco may modify or cancel the terms of
this Agreement or the price, content, or nature of the Services
(including discontinuing the Services program), upon
notice to you. If Cisco modifies any of these terms, you may
cancel the Service by providing written notice to Cisco via
www.networkmagic.com/support
of such cancellation
and uninstalling the Software and discontinuing your
use of the Service. Cisco may provide notice by e-mail, via
Network Magic, or by publishing the changes on its Web
site.
3. Email Notification.
Cisco may send you email from time
to time to let you know about new products and services
that are available to you. You will be able to opt-out of
receiving these emails using the link provided within the
email. Cisco reserves the right, however, to send you Service
related email messages as long as you are a subscriber to the
Service. If you wish to opt-out of receiving Service related
email messages, you may cancel the Service by providing
written notice via
www.networkmagic.com/support
to
Cisco of such cancellation and uninstalling the Software
and discontinuing your use of the Service.
4. WARRANTY DISCLAIMER FOR SERVICES.
TO THE
EXTENT NOT PROHIBITED BY APPLICABLE LAW THE
SERVICES ARE PROVIDED ON AN “AS-IS” BASIS, AND
CISCO AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES
AND REPRESENTATIONS REGARDING THE SERVICES,
WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET
ENJOYMENT, QUALITY, AND ACCURACY. CISCO DOES NOT
WARRANT THAT THE SERVICE IS ERROR-FREE OR THAT THE
SERVICE WILL OPERATE WITHOUT INTERRUPTION
END OF SCHEDULE 2
Schedule 3
Open Source and Third Party Licenses
Schedule 3-A
If this Cisco product contains open source software
licensed under Version 2 of the “GNU General Public
License” then the license terms below in this Schedule 3-A
will apply to that open source software. The license terms
below in this Schedule 3-A are from the public web site at
http://www.gnu.org/copyleft/gpl.html
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright © 1989, 1991 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301,
USA
Everyone is permitted to copy and distribute verbatim
copies of this license document, but changing it is not
allowed.
Preamble
The licenses for most software are designed to take away
your freedom to share and change it. By contrast, the
GNU General Public License is intended to guarantee your
