Cisco Cisco Prime Optical 9.3 Licensing Information

 

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