Appendix E: Software End User License Agreement
(b)any upgrades, updates, bug fixes or modified versions (“Upgrades”) or backup copies of the Software supplied to You by Cisco or an authorized reseller (whether or not for a fee), provided You already hold a valid license to the original software and have paid any applicable fee for the Upgrade.
“Documentation” means all documentation and other related materials supplied by Cisco to You pursuant to this Agreement.
“Technology” shall mean the Software and Services collectively.
License Restrictions. Other than as set forth in this Agreement, You may not, nor permit anyone else to, directly or indirectly (i) make, distribute, or, except in connection with the use of Your Cisco product, copy the Software or its related Documentation, or electronically transfer the Software or Documentation from one computer to another or over a network; (ii) alter, merge, modify, adapt, decrypt or translate the Software or related Documentation, or decompile, reverse engineer, disassemble, or otherwise reduce or attempt to reduce the Software to a
(iv)modify the Software or create derivative works based upon the Software; (v) if You make a backup copy of the Software and Documentation, You must reproduce all copyright notices and any other proprietary legends found on the original Software and Documentation; (vi) use the Technology for management of a business network with more than 8 computers; (vii) use the Software under any circumstances for competitive evaluation, including developing competing software; (ix) to the extent permitted under applicable law, assign, sublicense or otherwise transfer the Technology unless the prospective assignee, sublicensee or transferee expressly agrees to all the terms and conditions under this Agreement.
The Technology and Documentation contain trade secrets and/or copyrighted materials of Cisco or its suppliers. You will not disclose or make available such trade secrets or copyrighted material in any form to any third party.
In the event that You fail to comply with this Agreement, the license granted to You will automatically terminate, at which time You must immediately (i) stop using the Technology and the Cisco product in which the Software is embedded, or (ii) uninstall the Software and destroy all copies of the Software and Documentation where the Technology is purchased separately. All other rights of both parties and all other provisions of this Agreement will survive this termination.
Ownership. The Technology and Documentation are licensed and not sold to You by Cisco and the relevant third parties set forth in Schedule 2. Cisco, its suppliers and its licensors respectively retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Technology and Documentation and all copies, derivatives and portions thereof. All rights not specifically granted to You in this Agreement are reserved by Cisco and its licensors. Your use of any software product from an entity other than Cisco that may have been recommended by Cisco is governed by such software product’s end user license agreement.
Third Party Services, Links and Advertising. Cisco may provide from within the Software links to web sites or third party software products. In addition, third party Services may be provided with the Software which may be subject to terms and conditions from the provider of the Service. Cisco makes no representations as to the quality, suitability, functionality, or legality of any sites or products to which links may be provided or third party Services, and You hereby waive any claim You might have against Cisco with respect to such sites or third party software products or Services. Your correspondence or business dealings with, or participation in promotions of third parties found through the Software and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such third party. You agree that Cisco is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party links, products or services in the Cisco Software, and Cisco may discontinue or modify the Services or links offered at any time.
Collection and Processing of Information. You agree that Cisco and/or its affiliates may, from time to time, collect and process information about Your Cisco product and/or the Software and/or Your use of either in order
(i)to enable Cisco to offer You Upgrades; (ii) to provide support and assistance with Your product and/or the Software; (iii) to ensure that Your Cisco product and/or the Software is being used in accordance with the terms of this Agreement; (iv) to provide improvements to the way Cisco delivers technology to You and to other Cisco customers; (v) to provide reports regarding the status and health of the network, including network traffic and application usage; (vi) to enable Cisco to comply with the terms of any agreements it has with any third parties regarding Your Cisco product and/or Software; and/or (vii) to enable Cisco to comply with all applicable laws and/ or regulations, or the requirements of any regulatory authority or government agency. Cisco and/ or its affiliates may collect and process this information provided that it does not identify You personally. You agree that Cisco has no responsibility or liability for the deletion of or failure to store any data or other information related to Your Cisco product, Software or related Services.
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