Cisco Cisco IPICS Dispatch Console Licensing Information

RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD ANY SOFTWARE

PROVE DEFECTIVE IN ANY RESPECT, SGI ASSUMES NO COST OR LIABILITY FOR ANY SER-

VICING, REPAIR OR CORRECTION.  THIS DISCLAIMER OF WARRANTY CONSTITUTES AN

ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY SUBJECT SOFTWARE IS AUTHORIZED

HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

 

10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THE-

ORY, WHETHER TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIA-

BILITY), CONTRACT, OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR BE LIABLE FOR

ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY

CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK

STOPPAGE, LOSS OF DATA, 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 SGI'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 THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO RECIPIENT.

 

11. Indemnity. Recipient shall be solely responsible for damages arising,

directly or indirectly, out of its utilization of rights under this License.

Recipient will defend, indemnify and hold harmless Silicon Graphics, Inc.

from and against any loss, liability, damages, costs or expenses (including

the payment of reasonable attorneys fees) arising out of Recipient's use,

modification, reproduction and distribution of the Subject Software or out of

any representation or warranty made by Recipient.

 

12. U.S. Government End Users. The Subject Software is a "commercial item"

consisting of "commercial computer software" as such terms are defined in

title 48 of the Code of Federal Regulations and all U.S.  Government End

Users acquire only the rights set forth in this License and are subject to

the terms of this License.

 

13. Miscellaneous. This License represents the complete agreement concerning

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

forceable, such provision shall be reformed so as to achieve as nearly as

possible the same economic effect as the original provision and the remainder

of this License will remain in effect. This License shall be governed by and

construed in accordance with the laws of the United States and the State of

California as applied to agreements entered into and to be performed entirely

within California between California residents. Any litigation relating to

this License shall be subject to the exclusive jurisdiction of the Federal

Courts of the Northern District of California (or, absent subject matter

jurisdiction in such courts, the courts of the State of California), with

venue lying exclusively in Santa Clara County, California, 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