Cisco Cisco MediaSense Release 9.1(1) Licensing Information

the version of the License under which You originally received the Covered Software. If the Initial Developer

includes a notice in the Original Software prohibiting it from being distributed or otherwise made available under

any subsequent version of the License, You must distribute and make the Covered Software available under the

terms of the version of the License under which You originally received the Covered Software. Otherwise, You may

also choose to use, distribute or otherwise make the Covered Software available under the terms of any subsequent

version of the License published by the license steward.

 

     4.3. Modified Versions.

     When You are an Initial Developer and You want to create a new license for Your Original Software, You may

create and use a modified version of this License if You: (a) rename the license and remove any references to the

name of the license steward (except to note that the license differs from this License); and (b) otherwise make it

clear that the license contains terms which differ from this License.

 

5. DISCLAIMER OF WARRANTY.

 

  COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN .AS IS. BASIS, WITHOUT

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

WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A

PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND

PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE

PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER

CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION.

THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE

OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

 

6. TERMINATION.

 

     6.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms

herein and fail to cure such breach within 30 days of becoming aware of the breach. Provisions which, by their

nature, must remain in effect beyond the termination of this License shall survive.

 

     6.2. If You assert a patent infringement claim (excluding declaratory judgment actions) against Initial Developer

or a Contributor (the Initial Developer or Contributor against whom You assert such claim is referred to as

.Participant.) alleging that the Participant Software (meaning the Contributor Version where the Participant is a

Contributor or the Original Software where the Participant is the Initial Developer) directly or indirectly infringes

any patent, then any and all rights granted directly or indirectly to You by such Participant, the Initial Developer (if

the Initial Developer is not the Participant) and all Contributors under Sections 2.1 and/or 2.2 of this License shall,

upon 60 days notice from Participant terminate prospectively and automatically at the expiration of such 60 day

notice period, unless if within such 60 day period You withdraw Your claim with respect to the Participant Software

against such Participant either unilaterally or pursuant to a written agreement with Participant.

 

     6.3. In the event of termination under Sections 6.1 or 6.2 above, all end user licenses that have been validly

granted by You or any distributor hereunder prior to termination (excluding licenses granted to You by any

distributor) shall survive termination.

 

7. LIMITATION OF LIABILITY.

 

  UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING