Информация о лицензировании для Cisco Cisco Prime Infrastructure 1.2

offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's

responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other

Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay

any damages as a result, the Commercial Contributor must pay those damages.

 

5. NO WARRANTY

 

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS

IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED

INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-

INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is

solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks

associated with its exercise of rights under this Agreement , including but not limited to the risks and costs of

program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and

unavailability or interruption of operations.

 

6. DISCLAIMER OF LIABILITY

 

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 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.

 

Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the

Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the

right to publish new versions (including revisions) of this Agreement from time to time. No one other than the

Agreement Steward has the right to modify this Agreement. The Eclipse Foundation is the initial Agreement

Steward. The Eclipse Foundation may assign the responsibility to serve as the Agreement Steward to a suitable