Cisco Cisco IPICS Dispatch Console Licensing Information

other countries, and Recipient is reminded it is obliged to obey such laws,

regulations, and executive orders. Recipient may not distribute Covered

Code that (i) in any way infringes (directly or contributorily) any

intellectual property rights of any kind of any other person or entity or

(ii) breaches any representation or warranty, express, implied or

statutory, to which, under any applicable law, it might be deemed to have

been subject.

 

7. Claims of Infringement. If Recipient learns of any third party claim

that any disposition of Covered Code and/or functionality wholly or

partially infringes the third party's intellectual property rights,

Recipient will promptly notify SGI of such claim.

 

8. Versions of the License. SGI may publish revised and/or new versions of

the License from time to time, each with a distinguishing version number.

Once Covered Code has been published under a particular version of the

License, Recipient may, for the duration of the license, continue to use it

under the terms of that version, or choose to use such Covered Code under

the terms of any subsequent version published by SGI. Subject to the

provisions of Sections 3 and 4 of this License, only SGI may modify the

terms applicable to Covered Code created under this License.

 

9. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED "AS IS." ALL EXPRESS

AND IMPLIED WARRANTIES AND CONDITIONS ARE DISCLAIMED, INCLUDING, WITHOUT

LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,

SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND

NON-INFRINGEMENT. SGI ASSUMES NO RISK AS TO THE QUALITY AND PERFORMANCE OF

THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, SGI

ASSUMES NO COST OR LIABILITY FOR SERVICING, REPAIR OR CORRECTION. THIS

DISCLAIMER OF WARRANTY IS AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY

COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THIS DISCLAIMER.

10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES NOR LEGAL THEORY,

WHETHER TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT

LIABILITY), 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