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End User Software License Agreement
business hours to verify compliance with this Agreement. In the event such audit dis-
closes non-compliance with this Agreement, Customer shall promptly pay to Cisco the
appropriate license fees, plus the reasonable cost of conducting the audit.
Export, Re-Export, Transfer and Use Controls. The Software, Documentation and
technology or direct products thereof (hereafter referred to as Software and Technol-
ogy), supplied by Cisco under the Agreement are subject to export controls under the
laws and regulations of the United States (U.S.). Customer shall comply with such laws
and regulations governing export, re-export, transfer and use of Cisco Software and
Technology and will obtain all required U.S. and local authorizations, permits, or
licenses. Cisco and Customer each agree to provide the other information, support
documents, and assistance as may reasonably be required by the other in connection
with securing authorizations or licenses. Information regarding compliance with U.S.
export, re-export, transfer and use may be located at the following URL:
http://www.cisco.com/web/about/doing_business/legal/global_export_trade/
general_export/contract_compliance.html.
U.S. Government End User Purchasers. The Software and Documentation qualify as
"commercial items," as that term is defined at Federal Acquisition Regulation ("FAR")
(48 C.F.R.) 2.101, consisting of "commercial computer software" and "commercial com-
puter software documentation" as such terms are used in FAR 12.212. Consistent with
FAR 12.212 and DoD FAR Supp. 227.7202-1 through 227.7202-4, and notwithstanding
any other FAR or other contractual clause to the contrary in any agreement into which
the Agreement may be incorporated, Customer may provide to Government end user
or, if the Agreement is direct, Government end user will acquire, the Software and Doc-
umentation with only those rights set forth in the Agreement. Use of either the Software
or Documentation or both constitutes agreement by the Government that the Software
and Documentation are "commercial computer software" and "commercial computer
software documentation," and constitutes acceptance of the rights and restrictions
herein.
Limited Warranty
Subject to the limitations and conditions set forth herein, Cisco warrants that commenc-
ing from the date of shipment to Customer (but in case of resale by an authorized Cisco
reseller, commencing not more than ninety (90) days after original shipment by Cisco),
and continuing for a period of the longer of (a) ninety (90) days or (b) the warranty
period (if any) expressly set forth as applicable specifically to software in the warranty
card accompanying the product of which the Software is a part (the "Product") (if any):
(a) the media on which the Software is furnished will be free of defects in materials and
workmanship under normal use; and (b) the Software substantially conforms to the
Documentation. The date of shipment of a Product by Cisco is set forth on the packag-
ing material in which the Product is shipped. Except for the foregoing, the Software is
provided "AS IS". This limited warranty extends only to the Customer who is the original
licensee. Customer's sole and exclusive remedy and the entire liability of Cisco and its
suppliers under this limited warranty will be (i) replacement of defective media and/or
(ii) at Cisco's option, repair, replacement, or refund of the purchase price of the Soft-
ware, in both cases subject to the condition that any error or defect constituting a
breach of this limited warranty is reported to Cisco or the party supplying the Software
to Customer, if different than Cisco, within the warranty period. Cisco or the party sup-
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