Cisco Cisco MediaSense Release 9.1(1) Licensing Information

   

Contributors may not remove or alter any copyright notices contained within the Program.    

   

Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows

subsequent Recipients to identify the originator of the Contribution.    

   

4. COMMERCIAL DISTRIBUTION    

   

Commercial distributors of software may accept certain responsibilities with respect to end users, business partners

and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who

includes the Program in a commercial product offering should do so in a manner which does not create potential

liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering,

such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor

("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims,

lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by

the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a

commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any

actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a)

promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to

control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The

Indemnified Contributor may participate in any such claim at its own expense.    

   

For example, a Contributor might include the Program in a commercial product offering, Product X. That

Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or

offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's

responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other

Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay

any damages as a result, the Commercial Contributor must pay those damages.    

   

5. NO WARRANTY    

   

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS

IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED

INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-

INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is

solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks

associated with its exercise of rights under this Agreement , including but not limited to the risks and costs of

program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and

unavailability or interruption of operations.    

   

6. DISCLAIMER OF LIABILITY    

   

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