Cisco Cisco IPICS Release 2.1 Licensing Information

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

Graphics, Inc. from and against any loss, liability, damages, costs or

expenses (including the payment of reasonable attorneys fees) arising out

of Recipient's use, modification, reproduction and distribution of the

Covered Code or out of any representation or warranty made by Recipient.

 

12. U.S. Government End Users. The Covered Code 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.

 

13. Miscellaneous. This License represents the complete agreement

concerning the its subject matter. If any provision of this License is held