Cisco Cisco Web Security Appliance S670 User Guide
C I S C O I R O N P O R T S Y S T E M S , L L C S O F T W A R E L I C E N S E A G R E E M E N T
A P P E N D I X A : I R O N P O R T E N D U S E R L I C E N S E A G R E E M E N T
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WARRANT THAT THE SOFTWARE OR SERVICES (1) IS FREE FROM DEFECTS, ERRORS OR
BUGS, (2) THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, OR (3)
THAT ANY RESULTS OR INFORMATION THAT IS OR MAY BE DERIVED FROM THE USE
OF THE SOFTWARE WILL BE ACCURATE, COMPLETE, RELIABLE AND/OR SECURE.
BUGS, (2) THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, OR (3)
THAT ANY RESULTS OR INFORMATION THAT IS OR MAY BE DERIVED FROM THE USE
OF THE SOFTWARE WILL BE ACCURATE, COMPLETE, RELIABLE AND/OR SECURE.
6. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY LOSS OF
PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF
BUSINESS, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF SUCH
PARTY RECEIVED ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL THE LIABILITY OF EITHER PARTY ARISING UNDER ANY PROVISION OF
THIS AGREEMENT, REGARDLESS OF WHETHER THE CLAIM FOR SUCH DAMAGES IS
BASED IN CONTRACT, TORT, OR OTHER LEGAL THEORY, EXCEED THE TOTAL AMOUNT
PAID FOR THE SOFTWARE OR SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO
THE EVENT GIVING RISE TO SUCH LIABILITY.
LAW, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY LOSS OF
PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF
BUSINESS, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF SUCH
PARTY RECEIVED ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL THE LIABILITY OF EITHER PARTY ARISING UNDER ANY PROVISION OF
THIS AGREEMENT, REGARDLESS OF WHETHER THE CLAIM FOR SUCH DAMAGES IS
BASED IN CONTRACT, TORT, OR OTHER LEGAL THEORY, EXCEED THE TOTAL AMOUNT
PAID FOR THE SOFTWARE OR SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO
THE EVENT GIVING RISE TO SUCH LIABILITY.
7. TERM AND TERMINATION. The term of this Agreement shall be as set forth in the License
Documentation (the “Term”). If IronPort defaults in the performance of any material provision
of this Agreement or the License Documentation, then Company may terminate this
Agreement upon thirty (30) days written notice if the default is not cured during such thirty
(30) day period. If Company defaults in the performance of any material provision of this
Agreement or the License Documentation, IronPort may terminate this Agreement upon thirty
(30) days written notice if the default is not cured during such thirty (30) day notice and
without a refund. This Agreement may be terminated by one Party immediately at any time,
without notice, upon (i) the institution by or against the other Party of insolvency, receivership
or bankruptcy proceedings or any other proceedings for the settlement of such Party's debts,
(ii) such other Party making a general assignment for the benefit of creditors, or (iii) such other
Party's dissolution. The license granted in Section 2 will immediately terminate upon this
Agreement's termination or expiration. Within thirty (30) calendar days after termination or
expiration of this Agreement, Company will deliver to IronPort or its reseller or destroy all
copies of the Software and any other materials or documentation provided to Company by
IronPort or its reseller under this Agreement.
Documentation (the “Term”). If IronPort defaults in the performance of any material provision
of this Agreement or the License Documentation, then Company may terminate this
Agreement upon thirty (30) days written notice if the default is not cured during such thirty
(30) day period. If Company defaults in the performance of any material provision of this
Agreement or the License Documentation, IronPort may terminate this Agreement upon thirty
(30) days written notice if the default is not cured during such thirty (30) day notice and
without a refund. This Agreement may be terminated by one Party immediately at any time,
without notice, upon (i) the institution by or against the other Party of insolvency, receivership
or bankruptcy proceedings or any other proceedings for the settlement of such Party's debts,
(ii) such other Party making a general assignment for the benefit of creditors, or (iii) such other
Party's dissolution. The license granted in Section 2 will immediately terminate upon this
Agreement's termination or expiration. Within thirty (30) calendar days after termination or
expiration of this Agreement, Company will deliver to IronPort or its reseller or destroy all
copies of the Software and any other materials or documentation provided to Company by
IronPort or its reseller under this Agreement.
8. U.S. GOVERNMENT RESTRICTED RIGHTS; EXPORT CONTROL. The Software and
accompanying License Documentation are deemed to be “commercial computer software”
and “commercial computer software documentation,” respectively, pursuant to DFAR Section
227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction,
release, performance, display or disclosure of the Software and accompanying License
Documentation by the United States Government shall be governed solely by the terms of this
Agreement and shall be prohibited except to the extent expressly permitted by the terms of
this Agreement. Company acknowledges that the Software and License Documentation must
be exported in accordance with U.S. Export Administration Regulations and diversion
contrary to U.S. laws is prohibited. Company represents that neither the United States Bureau
of Export Administration nor any other federal agency has suspended, revoked or denied
Company export privileges. Company represents that Company will not use or transfer the
accompanying License Documentation are deemed to be “commercial computer software”
and “commercial computer software documentation,” respectively, pursuant to DFAR Section
227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction,
release, performance, display or disclosure of the Software and accompanying License
Documentation by the United States Government shall be governed solely by the terms of this
Agreement and shall be prohibited except to the extent expressly permitted by the terms of
this Agreement. Company acknowledges that the Software and License Documentation must
be exported in accordance with U.S. Export Administration Regulations and diversion
contrary to U.S. laws is prohibited. Company represents that neither the United States Bureau
of Export Administration nor any other federal agency has suspended, revoked or denied
Company export privileges. Company represents that Company will not use or transfer the