Cisco Cisco Prime Home 5.0 Licensing Information

OL-32115-01 Open Source Used In Prime Home 6.3

332

(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.

Cisco and the Cisco logo are trademarks or registered trademarks of Cisco and/or its affiliates in the U.S. and other countries.To view a list of Cisco trademarks, go to

this URL: www.cisco.com/go/trademarks. Third-party trademarks mentioned are the property of their respective owners. The use of the word partner does not imply a

partnership relationship between Cisco and any other company. (1110R)