Cisco Cisco Firepower Management Center 4000 Licensing Information

          automatically if You fail to comply with terms herein and fail to

          cure such breach within 30 days of becoming aware of the breach.

          Provisions which, by their nature, must remain in effect beyond the

          termination of this License shall survive.

 

     6.2. If You assert a patent infringement claim (excluding declaratory

          judgment actions) against Initial Developer or a Contributor (the

          Initial Developer or Contributor against whom You assert such claim

          is referred to as .Participant.) alleging that the Participant

          Software (meaning the Contributor Version where the Participant is a

          Contributor or the Original Software where the Participant is the

          Initial Developer) directly or indirectly infringes any patent, then

          any and all rights granted directly or indirectly to You by such

          Participant, the Initial Developer (if the Initial Developer is not

          the Participant) and all Contributors under Sections 2.1 and/or 2.2

          of this License shall, upon 60 days notice from Participant terminate

          prospectively and automatically at the expiration of such 60 day

          notice period, unless if within such 60 day period You withdraw Your

          claim with respect to the Participant Software against such

          Participant either unilaterally or pursuant to a written agreement

          with Participant.

 

     6.3. In the event of termination under Sections 6.1 or 6.2 above, all end

          user licenses that have been validly granted by You or any

          distributor hereunder prior to termination (excluding licenses

          granted to You by any distributor) shall survive termination.

 

7. LIMITATION OF LIABILITY.

 

  UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING

  NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY

  OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF

  ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL,

  INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT

  LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE,

  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 SUCH PARTY.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 THIS

  EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

 

8. U.S. GOVERNMENT END USERS.

 

  The Covered Software is a .commercial item,. as that term is defined in 48

  C.F.R. 2.101 (Oct. 1995), consisting of .commercial computer software. (as

  that term is defined at 48 C.F.R. ? 252.227-7014(a)(1)) and commercial