Cisco Cisco MediaSense Release 9.1(1) Licensing Information

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 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.