Cisco Cisco MediaSense Release 9.1(1) Licensing Information

Open Source Used In Cisco MediaSense 11.5(1) 286

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY

CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,

EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS),

HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT

LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF

THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED

HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. GENERAL

If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or

enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such

provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit)

alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes

such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such

litigation is filed.

All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or

conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of

such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and

distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this

Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.

Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the

Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the

right to publish new versions (including revisions) of this Agreement from time to time. No one other than the

Agreement Steward has the right to modify this Agreement. The Eclipse Foundation is the initial Agreement

Steward. The Eclipse Foundation may assign the responsibility to serve as the Agreement Steward to a suitable

separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program

(including Contributions) may always be distributed subject to the version of the Agreement under which it was

received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the

Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b)

above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement,

whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this

Agreement are reserved.

This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United

States of America. No party to this Agreement will bring a legal action under this Agreement more than one year

after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.

/* ====================================================================

* The Apache Software License, Version 1.1

* reserved.