Cisco Cisco IPICS Dispatch Console Licensing Information

claims and warranties are such Commercial Contributor's responsibility

alone.  Under this section, the Commercial Contributor would have to

defend claims against the other Contributors related to those performance

claims and warranties, and if a court requires any other Contributor to

pay any damages as a result, the Commercial Contributor must pay those

damages.

 

5.  NO WARRANTY

 

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED

ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER

EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR

CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A

PARTICULAR PURPOSE. Each Recipient is solely responsible for determining

the appropriateness of using and distributing the Program and assumes

all risks associated with its exercise of rights under this Agreement,

including but not limited to the risks and costs of program errors,

compliance with applicable laws, damage to or loss of data, programs or

equipment, and unavailability or interruption of operations.

 

6.  DISCLAIMER OF LIABILITY

 

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR

ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,

INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING

WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF

LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING

NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION

OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

7.  GENERAL

 

If any provision of this Agreement is invalid or unenforceable under

applicable law, it shall not affect the validity or enforceability of

the remainder of the terms of this Agreement, and without further action

by the parties hereto, such provision shall be reformed to the minimum

extent necessary to make such provision valid and enforceable.

 

If Recipient institutes patent litigation against a Contributor with

respect to a patent applicable to software (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