Cisco D9854 Installation And Operation Manual page 328

Advanced program receiver
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on non-Cisco equipment) for communication with Cisco equipment owned or leased by Customer and used for
Customer's internal business purposes. No other licenses are granted by implication, estoppel or otherwise.
Note For evaluation or beta copies for which Cisco does not charge a license fee, the above requirement to pay
license fees does not apply.
General Limitations. This is a license, not a transfer of title, to the Software and Documentation, and Cisco
retains ownership of all copies of the Software and Documentation. Customer acknowledges that the Software
and Documentation contain trade secrets of Cisco or its suppliers or licensors, including but not limited to the
specific internal design and structure of individual programs and associated interface information. Except as
otherwise expressly provided under the Agreement, Customer shall have no right, and Customer specifically
agrees not to:
(i) transfer, assign or sublicense its license rights to any other person or entity (other than in compliance with
any Cisco relicensing/transfer policy then in force), or use the Software on unauthorized or secondhand
Cisco equipment, and Customer acknowledges that any attempted transfer, assignment, sublicense or use
shall be void;
(ii) make error corrections to or otherwise modify or adapt the Software or create derivative works based
upon the Software, or permit third parties to do the same;
(iii) reverse engineer or decompile, decrypt, disassemble or otherwise reduce the Software to human-
readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this
restriction;
(iv) use or permit the Software to be used to perform services for third parties, whether on a service bureau
or time sharing basis or otherwise, without the express written authorization of Cisco; or
(v) disclose, provide, or otherwise make available trade secrets contained within the Software and
Documentation in any form to any third party without the prior written consent of Cisco. Customer shall
implement reasonable security measures to protect such trade secrets.
To the extent required by law, and at Customer's written request, Cisco shall provide Customer with the interface
information needed to achieve interoperability between the Software and another independently created program,
on payment of Cisco's applicable fee, if any. Customer shall observe strict obligations of confidentiality with
respect to such information and shall use such information in compliance with any applicable terms and
conditions upon which Cisco makes such information available.
Software, Upgrades and Additional Copies. For purposes of the Agreement, "Software" shall include (and the
terms and conditions of the Agreement shall apply to) computer programs, including firmware, as provided to
Customer by Cisco or an authorized Cisco reseller, and any upgrades, updates, bug fixes or modified versions
thereto (collectively, "Upgrades") or backup copies of any of the foregoing. NOTWITHSTANDING ANY
OTHER PROVISION OF THE AGREEMENT: (1) CUSTOMER HAS NO LICENSE OR RIGHT TO MAKE
OR USE ANY ADDITIONAL COPIES OR UPGRADES UNLESS CUSTOMER, AT THE TIME OF
MAKING OR ACQUIRING SUCH COPY OR UPGRADE, ALREADY HOLDS A VALID LICENSE TO THE
ORIGINAL SOFTWARE AND HAS PAID THE APPLICABLE FEE FOR THE UPGRADE OR
ADDITIONAL COPIES; (2) USE OF UPGRADES IS
LIMITED TO CISCO EQUIPMENT FOR WHICH CUSTOMER IS THE ORIGINAL END USER
PURCHASER OR LESSEE OR OTHERWISE HOLDS A VALID LICENSE TO USE THE SOFTWARE
WHICH IS BEING UPGRADED; AND (3) THE MAKING AND USE OF ADDITIONAL COPIES IS
LIMITED TO NECESSARY BACKUP PURPOSES ONLY.
Proprietary Notices. Customer agrees to maintain and reproduce all copyright and other proprietary notices on
all copies, in any form, of the Software in the same form and manner that such copyright and other proprietary
notices are included on the Software. Except as expressly authorized in the Agreement, Customer shall not make
any copies or duplicates of any Software without the prior written permission of Cisco.
F-2
Model D9854 Advanced Program Receiver Installation and Operation Guide
4021470 Rev D

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