Cisco Cisco MediaSense Release 9.1(1) Licensing Information

the Subject Software, including but not limited to, all export and import

control laws and regulations of the U.S. government and other countries.

Recipient may not distribute Subject Software that (i) in any way infringes

(directly or contributorily) the rights (including patent, copyright, trade

secret, trademark or other intellectual property rights of any kind) of any

other person or entity or (ii) breaches any representation or warranty,

express, implied or statutory, which under any applicable law it might be

deemed to have been distributed.

 

8. Claims of Infringement. If Recipient at any time has knowledge of any one

or more third party claims that reproduction, modification, use, distribu-

tion, import or sale of Subject Software (including particular functionality

or code incorporated in Subject Software) infringes the third party's intel-

lectual property rights, Recipient must place in a well-identified web page

bearing the title "LEGAL" a description of each such claim and a description

of the party making each such claim in sufficient detail that a user of the

Subject Software will know whom to contact regarding the claim. Also, upon

gaining such knowledge of any such claim, Recipient must conspicuously

include the URL for such web page in the Exhibit A notice required under Sec-

tions 2 and 3, above, and in the text of any related documentation, license

agreement or collateral in which Recipient describes end user's rights relat-

ing to the Subject Software. If Recipient obtains such knowledge after it

makes Subject Software available to any other person or entity, Recipient

shall take other steps (such as notifying appropriate mailing lists or news-

groups) reasonably calculated to inform those who received the Subject Soft-

ware that new knowledge has been obtained.

 

9. DISCLAIMER OF WARRANTY. SUBJECT SOFTWARE IS PROVIDED ON AN "AS IS" BASIS,

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

LIMITATION, WARRANTIES THAT THE SUBJECT SOFTWARE IS FREE OF DEFECTS, MER-

CHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON- INFRINGING. SGI ASSUMES NO

RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD ANY SOFTWARE

PROVE DEFECTIVE IN ANY RESPECT, SGI ASSUMES NO COST OR LIABILITY FOR ANY SER-

VICING, REPAIR OR CORRECTION.  THIS DISCLAIMER OF WARRANTY CONSTITUTES AN

ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY SUBJECT SOFTWARE IS AUTHORIZED

HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

 

10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THE-

ORY, WHETHER TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIA-

BILITY), CONTRACT, OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR BE LIABLE FOR

ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY

CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK

STOPPAGE, LOSS OF DATA, 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 SGI's NEGLIGENCE TO

THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO

NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,