Cisco Cisco IPICS Release 2.1 Licensing Information

 

  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 Section 2(b) shall terminate as of the date such

  litigation is filed.

 

  All Recipient's rights under this Agreement shall terminate if it

  fails to comply with any of the material terms or conditions of this

  Agreement and does not cure such failure in a reasonable period of

  time after becoming aware of such noncompliance. If all Recipient's