Cisco Cisco IPICS Dispatch Console Licensing Information

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.

 

9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,

WHETHER TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY),

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

CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR

OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SUBJECT SOFTWARE OR

THE USE OR OTHER DEALINGS IN THE SUBJECT SOFTWARE. SOME JURISDICTIONS DO NOT

ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THIS EXCLUSION AND

LIMITATION MAY NOT APPLY TO RECIPIENT TO THE EXTENT SO DISALLOWED.

 

10. 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 SGI and its successors and assigns

harmless from and against any loss, liability, damages, costs or expenses

(including the payment of reasonable attorneys fees) arising out of (Recipi-

ent's use, modification, reproduction and distribution of the Subject Soft-

ware or out of any representation or warranty made by Recipient.

 

11. 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.

 

12. Miscellaneous. This License represents the complete agreement concerning

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

forceable by any judicial or administrative authority having proper jurisdic-

tion with respect thereto, 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 liti-

gation relating to this License shall be subject to the exclusive jurisdic-

tion of the Federal Courts of the Northern District of California (or, absent

subject matter jurisdiction in such courts, the courts of the State of Cali-

fornia), 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 excluded. Any law or regulation that provides that the language of

a contract shall be construed against the drafter shall not apply to this

License.