Cisco Cisco MediaSense Release 9.1(1) Licensing Information

8. TERMINATION.

8.1.  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. All sublicenses to the Covered

Code which are properly granted shall survive any termination of this License. Provisions which, by their nature,

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

8.2.  If You initiate litigation by asserting a patent infringement claim (excluding declatory judgment actions)

against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You file such action is

referred to as "Participant")  alleging that:

 

(a)  such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted

by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant

terminate prospectively, unless if within 60 days after receipt of notice You either: (i)  agree in writing to pay

Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such

Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant.

If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing

by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1

and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above.

 

(b)  any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly

infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked

effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant.

 

8.3.  If You assert a patent infringement claim against Participant alleging that such Participant's Contributor

Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement)

prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such

Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment

or license.

 

8.4.  In the event of termination under Sections 8.1 or 8.2 above,  all end user license agreements (excluding

distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination

shall survive termination.

 

9. 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 CODE, 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 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 PARTY'S

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.

10. U.S. GOVERNMENT END USERS.

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

''commercial computer software'' and ''commercial computer software documentation,'' as such terms are used in 48