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End User Software License Agreement
TOMER TO CISCO FOR THE SOFTWARE THAT GAVE RISE TO THE CLAIM OR IF
THE SOFTWARE IS PART OF ANOTHER PRODUCT, THE PRICE PAID FOR SUCH
OTHER PRODUCT. THIS LIMITATION OF LIABILITY FOR SOFTWARE IS CUMULA-
TIVE AND NOT PER INCIDENT (I.E. THE EXISTENCE OF TWO OR MORE CLAIMS
WILL NOT ENLARGE THIS LIMIT).
IF YOU ACQUIRED THIS SOFTWARE IN EUROPE, THE MIDDLE EAST, AFRICA,
ASIA OR OCEANIA, NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT
TO THE CONTRARY, ALL LIABILITY OF CISCO, ITS AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS COLLEC-
TIVELY, TO CUSTOMER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLI-
GENCE), BREACH OF WARRANTY OR OTHERWISE, SHALL NOT EXCEED THE
PRICE PAID BY CUSTOMER TO CISCO FOR THE SOFTWARE THAT GAVE RISE
TO THE CLAIM OR IF THE SOFTWARE IS PART OF ANOTHER PRODUCT, THE
PRICE PAID FOR SUCH OTHER PRODUCT. THIS LIMITATION OF LIABILITY FOR
SOFTWARE IS CUMULATIVE AND NOT PER INCIDENT (I.E. THE EXISTENCE OF
TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT). NOTHING IN THIS
AGREEMENT SHALL LIMIT (I) THE LIABILITY OF CISCO, ITS AFFILIATES, OFFIC-
ERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS TO
CUSTOMER FOR PERSONAL INJURY OR DEATH CAUSED BY THEIR NEGLI-
GENCE, (II) CISCO'S LIABILITY FOR FRAUDULENT MISREPRESENTATION, OR
(III) ANY LIABILITY OF CISCO WHICH CANNOT BE EXCLUDED UNDER APPLICA-
BLE LAW.
Disclaimer of Liabilities - Waiver of Consequential Damages and Other Losses.
IF YOU ACQUIRED THIS SOFTWARE IN THE UNITED STATES, LATIN AMERICA,
THE CARIBBEAN OR CANADA, REGARDLESS OF WHETHER ANY REMEDY SET
FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO
EVENT WILL CISCO OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE,
PROFIT, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF
CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR
PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY
OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO
USE SOFTWARE OR OTHERWISE AND EVEN IF CISCO OR ITS SUPPLIERS OR
LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION
OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
IF YOU ACQUIRED THIS SOFTWARE IN JAPAN, EXCEPT FOR LIABILITY ARISING
OUT OF OR IN CONNECTION WITH DEATH OR PERSONAL INJURY, FRAUDU-
LENT MISREPRESENTATION, AND REGARDLESS OF WHETHER ANY REMEDY
SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO
EVENT WILL CISCO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, SUPPLIERS AND LICENSORS BE LIABLE FOR ANY LOST REVENUE,
PROFIT, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF
CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR
PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY
OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO
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