Cisco Cisco MediaSense Release 9.1(1) Licensing Information

    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 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 Code with only those

    rights set forth herein.

 

11. MISCELLANEOUS.