Cisco Cisco MediaSense Release 9.1(1) Licensing Information

    Exhibit A shall not of themselves be deemed to be modifications of

    this License.)

 

7. DISCLAIMER OF WARRANTY.

 

    COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,

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

    WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE 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 CODE

    IS WITH YOU. SHOULD ANY COVERED CODE 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 CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

 

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