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 even if any warranty or remedy provided under this limited warranty fails of its essential purpose.
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.linksysbycisco.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. Government Users.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 non-governmental customers. 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 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 or as otherwise permitted by Cisco, 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. Such subscription licenses may subject you to fees which you are responsible for paying in order to continue to subscribe to the Services.
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. If you cancel the Services, Cisco may delete data relating to you or your use of the Services from Cisco or its suppliers’ servers. 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
