Cisco Cisco Prime Home 2.4 Licensing Information

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. If You assert a patent infringement claim against Participant alleging that the Participant Software directly or

indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation

of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections

2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.

6.4. 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 (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 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 notice contained within the Original Software, with the losing party responsible

for costs, including, without limitation, court costs and reasonable attorneys' fees and expenses. The application of

the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or

regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this

License. You agree that You alone are responsible for compliance with the United States export administration

regulations (and the export control laws and regulation of any other countries) when You use, distribute or otherwise

make available any Covered Software.