5/26/05 Legal Information
OL-7426-03
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 this
Agreement, Customer shall not make any copies or duplicates of any Software without the prior written
permission of Cisco.
Open Source Content. Customer acknowledges that the Software contains open source or publicly
available content under separate license and copyright requirements which are located either in an
attachment to this license, the Software README file or the Documentation. Customer agrees to
comply with such separate license and copyright requirements.
Third Party Beneficiaries. Certain Cisco or Cisco affiliate suppliers are intended third party beneficia-
ries of this Agreement. The terms and conditions herein are made expressly for the benefit of and are
enforceable by Cisco’s suppliers; provided, however, that suppliers are not in any contractual relation-
ship with Customer. Cisco’s suppliers include without limitation: (a) Hifn, Inc., a Delaware corporation
with principal offices at 750 University Avenue, Los Gatos, California and (b) Wind River Systems, Inc.,
and its suppliers. Additional suppliers may be provided in subsequent updates of Documentation
supplied to Customer.
Term and Termination. This Agreement and the license granted herein shall remain effective until
terminated. Customer may terminate this Agreement and the license at any time by destroying all
copies of Software and any Documentation. Customer’s rights under this Agreement will terminate
immediately without notice from Cisco if Customer fails to comply with any provision of this Agreement.
Cisco and its suppliers are further entitled to obtain injunctive relief if Customer’s use of the Software is
in violation of any license restrictions. Upon termination, Customer shall destroy all copies of Software
and Documentation in its possession or control. All confidentiality obligations of Customer and all limi-
tations 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” shall survive
termination of this 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. Software and Documentation, including technical data, may be subject to U.S. export control
laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to
export or import regulations in other countries. Customer agrees to comply strictly with all such regula-
tions and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import
Software and Documentation. Customer’s failure to comply with such restrictions shall constitute a
material breach of the Agreement.
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 this End User License Agreement may be incorporated, Customer may provide to
Government end user or, if this Agreement is direct, Government end user will acquire, the Software
and Documentation with only those rights set forth in this End User License 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 docu-
mentation,” and constitutes acceptance of the rights and restrictions herein.