Cisco Cisco MediaSense Release 9.1(1) Licensing Information

 

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.  

 

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

?Participant?) 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.  

 

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.  

 

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 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.  

 

8. U.S. GOVERNMENT END USERS. 

 

The Covered Software is a ?commercial item,? as that term is defined in 48 C.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 48 C.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