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
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,
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.
5/26/05 | Legal Information |
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