Информация о лицензировании для Cisco Cisco MediaSense Release 9.1(1)

THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE

OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.   

  

6. TERMINATION.   

  

   6.1. This License and the rights granted hereunder will terminate 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. If You assert a patent infringement claim against Participant alleging that the Participant Software directly or

indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation

of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections

2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.   

  

   6.4. 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 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 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