Cisco Cisco MediaSense Release 9.1(1) Licensing Information

survive, including but not limited to Sections 3, 5, 8, 9, 10, 11,

12.2 and 13. No party will be liable to any other for compensation,

indemnity or damages of any sort solely as a result of terminating

this License in accordance with its terms, and termination of this

License will be without prejudice to any other right or remedy of

any party.

 

13. Miscellaneous.

 

13.1 Government End Users. The Covered Code is a "commercial item" as

defined in FAR 2.101. Government software and technical data rights in

the Covered Code include only those rights customarily provided to the

public as defined in this License. This customary commercial license

in technical data and software is provided in accordance with FAR

12.211 (Technical Data) and 12.212 (Computer Software) and, for

Department of Defense purchases, DFAR 252.227-7015 (Technical Data --

Commercial Items) and 227.7202-3 (Rights in Commercial Computer

Software or Computer Software Documentation). Accordingly, all U.S.

Government End Users acquire Covered Code with only those rights set

forth herein.

 

13.2 Relationship of Parties. This License will not be construed as

creating an agency, partnership, joint venture or any other form of

legal association between or among You, Apple or any Contributor, and

You will not represent to the contrary, whether expressly, by

implication, appearance or otherwise.

 

13.3 Independent Development. Nothing in this License will impair

Apple's right to acquire, license, develop, have others develop for

it, market and/or distribute technology or products that perform the

same or similar functions as, or otherwise compete with,

Modifications, Larger Works, technology or products that You may

develop, produce, market or distribute.

 

13.4 Waiver; Construction. Failure by Apple or any Contributor to

enforce any provision of this License will not be deemed a waiver of

future enforcement of that or any other provision. Any law or

regulation which provides that the language of a contract shall be

construed against the drafter will not apply to this License.

 

13.5 Severability. (a) If for any reason a court of competent

jurisdiction finds any provision of this License, or portion thereof,

to be unenforceable, that provision of the License will be enforced to

the maximum extent permissible so as to effect the economic benefits

and intent of the parties, and the remainder of this License will

continue in full force and effect. (b) Notwithstanding the foregoing,

if applicable law prohibits or restricts You from fully and/or

specifically complying with Sections 2 and/or 3 or prevents the