Appendix E
Software End User License Agreement
of 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 the Software to a
(iii)share, sell, rent, lease, or sublicense the Software or related Documentation; (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 Software 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 Software unless the prospective assignee, sublicensee or transferee expressly agrees to all the terms and conditions under this Agreement.
The Software 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 Cisco Product in which the Software is embedded, or
(ii)uninstall the Software and destroy all copies of the Software and Documentation where the Software is purchased separately. All other rights of both parties and all other provisions of this Agreement will survive this termination.
Ownership. The Software and Documentation are licensed and not sold to you by Cisco and the relevant third parties set forth in Schedule 3. Cisco and its licensors retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and Documentation and all copies 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.
Links and Advertising. Cisco may provide from within the Software links to websites or third party software products that are beyond our control. Cisco makes no representations as to the quality, suitability, functionality, or legality of any sites or products to which links may be provided, and you hereby waive any claim you might have against Cisco with respect to such sites or third party software products. Your correspondence or
business dealings with, or participation in promotions of advertisers found through the Software and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. 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 advertisers in the Cisco Software.
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.
The reports feature of certain Software allows you to monitor the activity of computers running the Software in your home or small office. You must activate this feature in order to receive reports. If you activate the reports feature, you agree to the following: (a) the Software tracks and monitors the following components and activities in your home or office: network traffic (e.g. megabytes per hour), application usage (the foreground window is tracked and the time each application is in the foreground during active usage of the computer) and internet history. (b) For all computers on which reports feature is enabled, the above information is transmitted to servers at Cisco and/ or a third party at periodic intervals while the computer is online. This information is associated and stored with the email address supplied by you when you activated the reports feature. This information is summarized into a formal report and is emailed to the identified email address. (c) Any computer on the network running the Software can enable any other computer (on the same primary network) to generate reports. When a computer is enabled, that computer shows a notification that it is being monitored. As long as that computer is enabled, each time the Software is started the user of that particular computer will see a notification that it is being monitored by the reports feature. Any computer on the network with the Software installed can enable or disable any other computer from the reports feature.
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