Cisco 7000 Series Hardware Installation And Maintenance Manual page 3

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SOFTWARE LICENSE
READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE OF CISCO
SYSTEMS, INC. AND ITS SUPPLIERS FROM TIME TO TIME, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS
LICENSE. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE, PROMPTLY RETURN THE UNUSED SOFTWARE, MANUAL, AND
RELATED EQUIPMENT (WITH PROOF OF PAYMENT) TO THE PLACE OF PURCHASE FOR A FULL REFUND.
Cisco Systems, Inc. ("Cisco") grants to Customer ("Customer") a nonexclusive and nontransferable license to use the Cisco software ("Software") in object
code form solely on a single central processing unit owned or leased by Customer or otherwise embedded in equipment provided by Cisco. Customer may
make one (1) archival copy of the software provided Customer affixes to such copy all copyright, confidentiality, and proprietary notices that appear on the
original.
EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, CUSTOMER SHALL NOT: COPY, IN WHOLE OR IN PART, SOFTWARE OR
DOCUMENTATION; MODIFY THE SOFTWARE; REVERSE COMPILE OR REVERSE ASSEMBLE ALL OR ANY PORTION OF THE
SOFTWARE; OR RENT, LEASE, DISTRIBUTE, SELL, OR CREATE DERIVATIVE WORKS OF THE SOFTWARE.
Customer agrees that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or
copyrighted material of Cisco. Customer agrees not to disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form
to any third party without the prior consent of Cisco. Customer agrees to implement reasonable security measures to protect such trade secrets and
copyrighted material. Title to Software and documentation shall remain solely with Cisco.
LIMITED WARRANTY. Cisco warrants that the Software will substantially conform to the published specifications for such Software, if used properly in
accordance with the Documentation, for a period of ninety (90) days from the date of shipment. To be eligible for a remedy, Customer must report all
warranted problems within the warranty period to the party that supplied the Product to Customer or to the Cisco Service Partner if the Software was exported
under the multinational uplift program. Cisco's sole and exclusive obligation and Customer's exclusive remedy with respect to nonconforming Software
upon contact will be, at Cisco's option and potentially through the Sales or Service Partner, either (i) to provide a correction or a workaround for any
reproducible errors, or (ii) to refund to Customer the license fee for the Software in the event that a license fee was paid and the other remedy is not available,
or, if the license fee was zero, refund the price of the hardware less depreciation calculated on a straight-line basis. Customer agrees to cooperate with Cisco
or its Sales or Service Partner in creating the environment in which the error occurred. Further, Customer agrees to supply any necessary equipment for such
tests.
This Limited Warranty does not apply to Software which (1) has been altered, except as authorized by Cisco, (2) has not been installed, operated, repaired,
or maintained in accordance with any installation, handling, maintenance, or operating instructions supplied by Cisco, (3) has been subjected to unusual
physical or electrical stress, misuse, negligence, or accident, (4) is used in ultrahazardous activities, (5) has been used in such a way that Cisco or its Sales
Partner cannot reasonably reproduce the Software error, (6) has been exported from the original country of destination without payment of an uplift, or (7)
has been misapplied. In no event does Cisco warrant that the Software is error free or that Customer will be able to operate its networks without problems
or interruptions.
DISCLAIMER. THIS WARRANTY IS IN LIEU OF AND CISCO DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESSED OR
IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL CISCO OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSS OR DAMAGE TO DATA
ARISING OUT OF THE USE OR INABILITY TO USE THIS CISCO SOFTWARE, EVEN IF CISCO HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME STATES DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES.
Customer will comply with all applicable export laws and regulations if it exports the products. This restriction shall survive termination of this Agreement.
This License is effective until terminated. Customer may terminate this License at any time by destroying the software together with all copies thereof. Cisco
may immediately terminate this License if the Customer fails to comply with any term or condition hereof. Upon any termination of this License, Customer
shall discontinue use of the Software and shall destroy all copies of the software.
This License shall be governed by and construed in accordance with the laws of the State of California. If any portion hereof is found to be void or
unenforceable, the remaining provisions of this License shall remain in full force and effect. This License constitutes the entire License between the parties
with respect to the use of the Software.
Restricted Rights - Cisco's software and supporting documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the
Government is subject to the restrictions as set forth in subparagraph (c) of the Commercial Computer Software - Restricted Rights clause at FAR §52.227-
19 and subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS §52.227-7013.

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