Cisco Cisco Prime Home 5.0 Informations sur les licences

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 PARTYS 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 computer software documentation as such terms are used in 48 C.F.R. 12.212

(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.

Government End Users acquire Covered Software with only those rights set forth herein. This U.S. Government

Rights clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or provision that addresses

Government rights in computer software under this License. 

 

9. MISCELLANEOUS. This License represents the complete agreement concerning subject matter hereof. If any

provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary

to make it enforceable. This License shall be governed by the law of the jurisdiction specified in a notice contained

within the Original Software (except to the extent applicable law, if any, provides otherwise), excluding such

jurisdictions conflict-of-law provisions. Any litigation relating to this License shall be subject to the jurisdiction of

the courts located in the jurisdiction and venue specified in a notice contained within the Original Software, with the

losing party responsible for costs, including, without limitation, court costs and reasonable attorneys fees and

expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is

expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against

the drafter shall not apply to this License. You agree that You alone are responsible for compliance with the United

States export administration regulations (and the export control laws and regulation of any other countries) when

You use, distribute or otherwise make available any Covered Software. 

 

10. RESPONSIBILITY FOR CLAIMS. As between Initial Developer and the Contributors, each party is

responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License

and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable

basis. Nothing herein is intended or shall be deemed to constitute any admission of liability. 

 

NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE

(CDDL) The code released under the CDDL shall be governed by the laws of the State of California (excluding

conflict-of-law provisions). Any litigation relating to this License shall be subject to the jurisdiction of the Federal

Courts of the Northern District of California and the state courts of the State of California, with venue lying in Santa

Clara County, California.

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* The contents of this file are subject to the terms

* of the Common Development and Distribution License