Cisco Cisco MediaSense Release 9.1(1) Informações de licenciamento

 

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 rights under 

this Agreement terminate, Recipient agrees to cease use and distribution 

of the Program as soon as reasonably practicable.  However, Recipient's 

obligations under this Agreement and any licenses granted by Recipient 

relating to the Program shall continue and survive.  

 

IBM may publish new versions (including revisions) of this Agreement 

from time to time.  Each new version of the Agreement will be given a 

distinguishing version number.  The Program (including Contributions) 

may always be distributed subject to the version of the Agreement under 

which it was received. In addition, after a new version of the Agreement 

is published, Contributor may elect to distribute the Program (including 

its Contributions) under the new version. No one other than IBM has the 

right to modify this Agreement.  Except as expressly stated in Sections 

2(a) and 2(b) above, Recipient receives no rights or licenses to the 

intellectual property of any Contributor under this Agreement, whether