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authorMichael Sterrett <mr_bones_@gentoo.org>2009-08-09 23:15:07 +0000
committerMichael Sterrett <mr_bones_@gentoo.org>2009-08-09 23:15:07 +0000
commitd3c4cf4590d5d39e1712093ecff7f30d1d34f604 (patch)
treecbfb417b3dd3782ea88c955a29eb9f6bcea6dbc6 /licenses
parentMasking net-fs/sfs for QA removal. (diff)
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remove unused license
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-End User License Agreement / Software License Agreement
-
-IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT/SOFTWARE LICENSE
-AGREEMENT CAREFULLY. DOWNLOADING, INSTALLING OR USING CISCO OR CISCO-SUPPLIED
-SOFTWARE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
-
-CISCO IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT
-YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. BY
-DOWNLOADING OR INSTALLING THE SOFTWARE, OR USING THE EQUIPMENT THAT CONTAINS
-THIS SOFTWARE, YOU ARE BINDING YOURSELF AND THE BUSINESS ENTITY THAT YOU
-REPRESENT (COLLECTIVELY, 'CUSTOMER') TO THIS AGREEMENT. IF YOU DO NOT AGREE TO
-ALL OF THE TERMS OF THIS AGREEMENT, THEN CISCO IS UNWILLING TO LICENSE THE
-SOFTWARE TO YOU AND (A) DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE, AND (B)
-YOU MAY RETURN THE SOFTWARE FOR A FULL REFUND, OR, IF THE SOFTWARE IS SUPPLIED
-AS PART OF ANOTHER PRODUCT, YOU MAY RETURN THE ENTIRE PRODUCT FOR A FULL
-REFUND. YOUR RIGHT TO RETURN AND REFUND EXPIRES 30 DAYS AFTER PURCHASE FROM
-CISCO OR AN AUTHORIZED CISCO RESELLER, AND APPLIES ONLY IF YOU ARE THE
-ORIGINAL END USER PURCHASER.
-
-The following terms of this End User License Agreement/Software License
-Agreement ('Agreement') govern Customer's access and use of the Software,
-except to the extent (a) there is a separate signed agreement between Customer
-and Cisco governing Customer's use of the Software or (b) the Software
-includes a separate 'click-accept' license agreement as part of the
-installation and/or download process. To the extent of a conflict between the
-provisions of the foregoing documents, the order of precedence shall be (1)
-the signed agreement, (2) the click-accept agreement, and (3) this End User
-License Agreement / Software License Agreement.
-
-License. Conditioned upon compliance with the terms and conditions of this
-Agreement, Cisco Systems, Inc. or its subsidiary licensing the Software
-instead of Cisco Systems, Inc. ('Cisco'), grants to Customer a nonexclusive
-and nontransferable license to use for Customer's internal business purposes
-the Software and the Documentation for which Customer has paid the required
-license fees. 'Documentation' means written information (whether contained in
-user or technical manuals, training materials, specifications or otherwise)
-specifically pertaining to the Software and made available by Cisco with the
-Software in any manner (including on CD-Rom, or on-line).
-
-Customer's license to use the Software shall be limited to, and Customer shall
-not use the Software in excess of, a single hardware chassis or card or that
-number of agent(s),concurrent users, sessions, IP addresses, port(s), seat(s),
-server(s) or site(s), as set forth in the applicable Purchase Order which has
-been accepted by Cisco and for which Customer has paid to Cisco the required
-license fee.
-
-Unless otherwise expressly provided in the Documentation, Customer shall use
-the Software solely as embedded in, for execution on,or (where the applicable
-documentation permits installation on non-Cisco equipment)for communication
-with Cisco equipment owned or leased by Customer and used for Customer's
-internal business purposes. 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, its suppliers or licensors,
-including but not limited to the specific internal design and structure of
-individual programs and associated interface information. Accordingly, except
-as otherwise expressly provided under this 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, 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 this Agreement,
-'Software' shall include (and the terms and conditions of this 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 the
-Software licensed or provided to Customer by Cisco or an authorized Cisco
-reseller. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1)CUSTOMER
-HAS NO LICENSE OR RIGHT TO USE ANY ADDITIONAL COPIES OR UPGRADES UNLESS
-CUSTOMER, AT THE TIME OF 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
-WHO 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 this Agreement,
-Customer shall not make any copies or duplicates of any Software without the
-prior written permission of Cisco.
-
-Term and Termination.This Agreement and the license granted herein shall
-remain effective until terminated. Customer may terminate this Agreement and
-the license at any time by destroying all copies of Software and any
-Documentation. Customer's rights under this Agreement will terminate
-immediately without notice from Cisco if Customer fails to comply with any
-provision of this Agreement. Upon termination, Customer shall destroy all
-copies of Software and Documentation in its possession or control. All
-confidentiality obligations of Customer and all limitations of liability and
-disclaimers and restrictions of warranty shall survive termination of this
-Agreement. In addition, the provisions of the sections titled 'U.S. Government
-End User Purchasers' and 'General Terms Applicable to the Limited Warranty
-Statement and End User License' shall survive termination of this Agreement.
-
-Customer Records. Customer grants to Cisco and its independent accountants the
-right to examine Customer's books, records and accounts during Customer's
-normal business hours to verify compliance with this Agreement. In the event
-such audit discloses non-compliance with this Agreement, Customer shall
-promptly pay to Cisco the appropriate license fees, plus the reasonable cost
-of conducting the audit.
-
-Export. Software and Documentation, including technical data, may be subject
-to U.S. export control laws, including the U.S. Export Administration Act and
-its associated regulations, and may be subject to export or import regulations
-in other countries. Customer agrees to comply strictly with all such
-regulations and acknowledges that it has the responsibility to obtain licenses
-to export, re-export, or import Software and Documentation.
-
-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 computer 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 this End User License
-Agreement/Software License Agreement may be incorporated, Customer may provide
-to Government end user or, if this Agreement is direct, Government end user
-will acquire, the Software and Documentation with only those rights set forth
-in this End User License Agreement/Software License 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 commencing 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 software warranty period (if any) set forth
-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 packaging 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 and licensors 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 Software, 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 supplying the Software to Customer may, at its option, require return of
-the Software as a condition to the remedy. In no event does Cisco warrant that
-the Software is error free or that Customer will be able to operate the
-Software without problems or interruptions. In addition, due to the continual
-development of new techniques for intruding upon and attacking networks, Cisco
-does not warrant that the Software or any equipment, system or network on
-which the Software is used will be free of vulnerability to intrusion or
-attack.
-
-Restrictions. This warranty does not apply if the Software, Product or any
-other equipment upon which the Software is authorized to be used (a) has been
-altered, except by Cisco or its authorized representative, (b) has not been
-installed, operated, repaired, or maintained in accordance with instructions
-supplied by Cisco, (c) has been subjected to abnormal physical or electrical
-stress, misuse, negligence, or accident; or (d) is licensed, for beta,
-evaluation, testing or demonstration purposes for which Cisco does not charge
-a purchase price or license fee.
-
-DISCLAIMER OF WARRANTY. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR
-IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT
-LIMITATION, ANY IMPLIED WARRANTY OR CONDITIONOF MERCHANTABILITY, FITNESS FOR A
-PARTICULAR PURPOSE, NON-INFRINGEMENT,SATISFACTORY QUALITY, NON-INTERFERENCE,
-ACCURACY OF INFORMATIONAL CONTENT,OR ARISING FROM A COURSE OF DEALING, LAW,
-USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY
-APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY CISCO, ITS SUPPLIERS AND
-LICENSORS. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY
-IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR
-JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,
-THE ABOVE LIMITATION MAY NOT APPLY. THIS WARRANTY GIVES CUSTOMER SPECIFIC
-LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
-JURISDICTION TO JURISDICTION. This disclaimer and exclusion shall apply even
-if the express warranty set forth above fails of its essential purpose.
-
-General Terms Applicable to the Limited Warranty Statement and End User
-License.
-
-Disclaimer of Liabilities. REGARDLESS 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. In no event shall
-Cisco's or its suppliers' or licensors' liability to Customer, whether in
-contract, tort (including negligence), breach of warranty, or otherwise,
-exceed the price paid by Customer 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. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR
-EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES,THE ABOVE LIMITATION MAY NOT
-APPLY TO YOU.
-
-Customer agrees that the limitations of liability and disclaimers set forth
-herein will apply regardless of whether Customer has accepted the Software or
-any other product or service delivered by Cisco. Customer acknowledges and
-agrees that Cisco has set its prices and entered into this Agreement in
-reliance upon the disclaimers of warranty and the limitations of liability set
-forth herein, that the same reflect an allocation of risk between the parties
-(including the risk that a contract remedy may fail of its essential purpose
-and cause consequential loss), and that the same form an essential basis of
-the bargain between the parties.
-
-The Warranty and the End User License shall be governed by and construed in
-accordance with the laws of the State of California , without reference to or
-application of choice of law rules or principles. The United Nations
-Convention on the International Sale of Goods shall not apply. If any portion
-hereof is found to be void or unenforceable, the remaining provisions of the
-Agreement shall remain in full force and effect. Except as expressly provided
-herein, this Agreement constitutes the entire agreement between the parties
-with respect to the license of the Software and Documentation and supersedes
-any conflicting or additional terms contained in any purchase order or
-elsewhere, all of which terms are excluded. This Agreement has been written in
-the English language, and the parties agree that the English version will
-govern.