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5/26/05 Legal Information
OL-7426-03
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 DISCLAIMER OF WARRANTY
EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRE-
SENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFOR-
MATIONAL 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 LIMITA-
TION MAY NOT APPLY. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND
CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURIS-
DICTION. 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 AgreementGeneral Terms Applicable to the Limited Warranty Statement and End User License Agreement
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 negli-
gence), 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 CONSE-
QUENTIAL 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. For warranty or license terms which may apply in particular countries and
for translations of the above information please contact the Cisco Legal Department, 300 E. Tasman
Drive, San Jose, California 95134.