Cisco Cisco MediaSense Release 9.1(1) Licensing Information

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 Sections2.1 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.

 

6.3. In the event of termination under Sections6.1 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.

 

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

CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF

SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR

CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES

FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR

MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH

PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION

OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING

FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH

LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF

INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT

APPLY TO YOU.

 

8. U.S. GOVERNMENT END USERS.

 

The Covered Software is a commercial item, as that term is defined in 48C.F.R.2.101 (Oct. 1995), consisting of

commercial computer software (as that term is defined at 48 C.F.R. 252.227-7014(a)(1)) and commercial computer

software documentation as such terms are used in 48C.F.R.12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212

and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered

Software with only those rights set forth herein. This U.S. Government Rights clause is in lieu of, and supersedes,

any other FAR, DFAR, or other clause or provision that addresses Government rights in computer software under

this License.

 

9. MISCELLANEOUS.

 

This License represents the complete agreement concerning subject matter hereof. If any provision of this License is

held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This

License shall be governed by the law of the jurisdiction specified in a notice contained within the Original Software

(except to the extent applicable law, if any, provides otherwise), excluding such jurisdictions conflict-of-law

provisions. Any litigation relating to this License shall be subject to the jurisdiction of the courts located in the

jurisdiction and venue specified in a notice contained within the Original Software, with the losing party responsible

for costs, including, without limitation, court costs and reasonable attorneys fees and expenses. The application of

the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or