Cisco Cisco Prime Network 4.2 Licensing Information

   If Recipient institutes patent litigation against a Contributor with

   respect to a patent applicable to software (including a cross-claim or

   counterclaim in a lawsuit), then any patent licenses granted by that

   Contributor to such Recipient under this Agreement shall terminate as of

   the date such litigation is filed. In addition, if Recipient institutes

   patent litigation against any entity (including a cross-claim or

   counterclaim in a lawsuit) alleging that the Program itself (excluding

   combinations of the Program with other software or hardware) infringes

   such Recipient's patent(s), then such Recipient's rights granted under

   Section 2(b) shall terminate as of the date such litigation is filed.

 

   All Recipient's rights under this Agreement shall terminate if it fails

   to comply with any of the material terms or conditions of this Agreement

   and does not cure such failure in a reasonable period of time after

   becoming aware of such noncompliance. If all Recipient's rights under

   this Agreement terminate, Recipient agrees to cease use and distribution

   of the Program as soon as reasonably practicable. However, Recipient's

   obligations under this Agreement and any licenses granted by Recipient

   relating to the Program shall continue and survive.

 

   Everyone is permitted to copy and distribute copies of this Agreement,

   but in order to avoid inconsistency the Agreement is copyrighted and may

   only be modified in the following manner. The Agreement Steward reserves

   the right to publish new versions (including revisions) of this Agreement

   from time to time. No one other than the Agreement Steward has the right

   to modify this Agreement. IBM is the initial Agreement Steward. IBM may

   assign the responsibility to serve as the Agreement Steward to a suitable

   separate entity. Each new version of the Agreement will be given a

   distinguishing version number. The Program (including Contributions) may

   always be distributed subject to the version of the Agreement under which

   it was received. In addition, after a new version of the Agreement is

   published, Contributor may elect to distribute the Program (including

   its Contributions) under the new version. Except as expressly stated in

   Sections 2(a) and 2(b) above, Recipient receives no rights or licenses

   to the intellectual property of any Contributor under this Agreement,

   whether expressly, by implication, estoppel or otherwise. All rights in

   the Program not expressly granted under this Agreement are reserved.

 

   This Agreement is governed by the laws of the State of New York and the

   intellectual property laws of the United States of America. No party to

   this Agreement will bring a legal action under this Agreement more than

   one year after the cause of action arose. Each party waives its rights

   to a jury trial in any resulting litigation.