Appendix E: 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.GovernmentUsers. 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
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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