Cisco Cisco Prime Optical 9.3 Licensing Information

(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 NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE

INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF

COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE

LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR

CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT

LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK

STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER

COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN

INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF

LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL

INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT

APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO

NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR

CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT

APPLY TO YOU.

 

8. U.S. GOVERNMENT END USERS.

 

The Covered Software is a "commercial item," as that term is

defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial

computer software" (as that term is defined at 48 C.F.R. ?

252.227-7014(a)(1)) and "commercial computer software

documentation" as such terms are used in 48 C.F.R. 12.212 (Sept.

1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1

through 227.7202-4 (June 1995), all U.S. Government End Users

acquire Covered Software with only those rights set forth herein.

This U.S. Government Rights clause is in lieu of, and supersedes,

any other FAR, DFAR, or other clause or provision that addresses

Government rights in computer software under this License.

 

9. MISCELLANEOUS.

 

This License represents the complete agreement concerning subject

matter hereof. If any provision of this License is held to be

unenforceable, such provision shall be reformed only to the

extent necessary to make it enforceable. This License shall be

governed by the law of the jurisdiction specified in a notice

contained within the Original Software (except to the extent

applicable law, if any, provides otherwise), excluding such

jurisdiction's conflict-of-law provisions. Any litigation

relating to this License shall be subject to the jurisdiction of

the courts located in the jurisdiction and venue specified in a