Cisco Cisco IPICS Release 2.1 Licensing Information

nal Software not expressly granted under this License are reserved.

 

6. Compliance with Laws; Non-Infringement. Recipient shall comply with all

applicable laws and regulations in connection with use and distribution of

the Subject Software, including but not limited to, all export and import

control laws and regulations of the U.S. government and other countries.

Recipient may not distribute Subject Software that (i) in any way infringes

(directly or contributorily) the rights (including patent, copyright, trade

secret, trademark or other intellectual property rights of any kind) of any

other person or entity, or (ii) breaches any representation or warranty,

express, implied or statutory, which under any applicable law it might be

deemed to have been distributed.

 

7. Claims of Infringement. If Recipient at any time has knowledge of any one

or more third party claims that reproduction, modification, use, distribu-

tion, import or sale of Subject Software (including particular functionality

or code incorporated in Subject Software) infringes the third party's intel-

lectual property rights, Recipient must place in a well-identified web page

bearing the title "LEGAL" a description of each such claim and a description

of the party making each such claim in sufficient detail that a user of the

Subject Software will know whom to contact regarding the claim. Also, upon

gaining such knowledge of any such claim, Recipient must conspicuously

include the URL for such web page in the Required Notice, and in the text of

any related documentation, license agreement or collateral in which Recipient

describes end user's rights relating to the Subject Software. If Recipient

obtains such knowledge after it makes Subject Software available to any other

person or entity, Recipient shall take other steps (such as notifying appro-

priate mailing lists or newsgroups) reasonably calculated to provide such

knowledge to those who received the Subject Software.

 

8. DISCLAIMER OF WARRANTY. SUBJECT SOFTWARE IS PROVIDED ON AN "AS IS" BASIS,

WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT

LIMITATION, WARRANTIES THAT THE SUBJECT SOFTWARE IS FREE OF DEFECTS, MER-

CHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. SGI ASSUMES NO

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.

 

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.