Cisco Cisco MediaSense Release 9.1(1) Licensing Information

may create and use a modified version of this License if You: (a) rename the license and remove any references to

the name of the license steward (except to note that the license differs from this License); and (b) otherwise make it

clear that the license contains terms which differ from this License.

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     5. DISCLAIMER OF WARRANTY.

 

     COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN “AS ISâ€

BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,

WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS,

MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO

THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY

COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER

OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR

CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS

LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER

THIS DISCLAIMER.

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     6. TERMINATION.

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           6.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with

terms herein and fail to cure such breach within 30 days of becoming aware of the breach. Provisions which, by their

nature, must remain in effect beyond the termination of this License shall survive.

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           6.2. If You assert a patent infringement claim (excluding declaratory judgment actions) against Initial

Developer or a Contributor (the Initial Developer or Contributor against whom You assert such claim is referred to

as “Participantâ€) alleging that the Participant Software (meaning the Contributor Version

where the Participant is a Contributor or the Original Software where the Participant is the Initial Developer)

directly or indirectly infringes any patent, then any and all rights granted directly or indirectly to You by such

Participant, the Initial Developer (if the Initial Developer is not the Participant) and all Contributors under Sections

2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively and automatically

at the expiration of such 60 day notice period, unless if within such 60 day period You withdraw Your claim with

respect to the Participant Software against such Participant either unilaterally or pursuant to a written agreement

with Participant.

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           6.3. In the event of termination under Sections 6.1 or 6.2 above, all end user licenses that have been validly

granted by You or any distributor hereunder prior to termination (excluding licenses granted to You by any

distributor) shall survive termination.

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     7. LIMITATION OF LIABILITY.

 

     UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING

NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER