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Appendix D
Software End User License Agreement
Gigabit 8-Port Workgroup Switch
License Restrictions. Other than as set forth in this
Agreement, you may not (i) make or distribute copies
of the Software or its related Documentation, or
electronically transfer the Software or Documentation
from one computer to another or over a network; (ii) alter,
merge, modify, adapt, decrypt or translate the Software or
related Documentation, or decompile, reverse engineer,
disassemble, or otherwise reduce the Software to a
human-perceivable form (except to the extent expressly
permitted by law notwithstanding this provision); (iii)
share, sell, rent, lease, or sublicense the Software or
related Documentation; (iv) modify the Software or create
derivative works based upon the Software; (v) if you
make a backup copy of the Software and Documentation,
you must reproduce all copyright notices and any other
proprietary legends found on the original Software and
Documentation; (vi) use the Software for management
of a business network with more than 8 computers; (vii)
use the Software under any circumstances for competitive
evaluation, including developing competing software;
(ix) to the extent permitted under applicable law, assign,
sublicense or otherwise transfer the Software unless
the prospective assignee, sublicensee or transferee
expressly agrees to all the terms and conditions under this
Agreement.
The Software and Documentation contain trade secrets
and/or copyrighted materials of Cisco or its suppliers. You
will not disclose or make available such trade secrets or
copyrighted material in any form to any third party.
In the event that you fail to comply with this Agreement,
the license granted to you will automatically terminate,
at which time you must immediately (i) stop using the
Cisco Product in which the Software is embedded, or
(ii) uninstall the Software and destroy all copies of the
Software and Documentation where the Software is
purchased separately. All other rights of both parties and
all other provisions of this Agreement will survive this
termination.
Ownership. The Software and Documentation are
licensed and not sold to you by Cisco and the relevant
third parties set forth in Schedule 3. Cisco and its licensors
retain all right, title and interest, including all copyright
and intellectual property rights, in and to, the Software
and Documentation and all copies and portions thereof.
All rights not specifically granted to you in this Agreement
are reserved by Cisco and its licensors. Your use of any
software product from an entity other than Cisco that may
have been recommended by Cisco is governed by such
software product’s end user license agreement.
Third Party Services, Links and Advertising. Cisco may
provide from within the Software links to websites or
third party software products. In addition, third party
services may be provided with the Software which may be
subject to terms and conditions from the provider of the
service. Cisco makes no representations as to the quality,
suitability, functionality, or legality of any sites or products
to which links may be provided or third party services, and
you hereby waive any claim you might have against Cisco
with respect to such sites or third party software products
or services. Your correspondence or business dealings
with, or participation in promotions of third parties found
through the Software and any other terms, conditions,
warranties, or representations associated with such
dealings, are solely between you and such third party. You
agree that Cisco is not responsible or liable for any loss
or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such third party
links, products or services in the Cisco Software, and Cisco
may discontinue or modify the services or links offered at
any time.
Collection and Processing of Information. You agree
that Cisco and/or its affiliates may, from time to time,
collect and process information about your Cisco product
and/or the Software and/or your use of either in order
(i) to enable Cisco to offer you Upgrades; (ii) to provide
support and assistance with your product and/or the
Software; (iii) to ensure that your Cisco product and/or
the Software is being used in accordance with the terms
of this Agreement; (iv) to provide improvements to the
way Cisco delivers technology to you and to other Cisco
customers; (v) to provide reports regarding the status
and health of the network, including network traffic and
application usage; (vi) to enable Cisco to comply with
the terms of any agreements it has with any third parties
regarding your Cisco product and/or Software; and/or
(vii) to enable Cisco to comply with all applicable laws
and/or regulations, or the requirements of any regulatory
authority or government agency. Cisco and/ or its affiliates
may collect and process this information provided that it
does not identify you personally. You agree that Cisco has
no responsibility or liability for the deletion of or failure to
store any data or other information related to your Cisco
product, Software or related Services.
The reports feature of certain Software allows you to
monitor the activity of computers running the Software in
your home or small office. You must activate this feature in
order to receive reports. If you activate the reports feature,
you agree to the following: (a) the Software tracks and
monitors the following components and activities in your
home or office: network traffic (e.g. megabytes per hour),
application usage (the foreground window is tracked and
the time each application is in the foreground during
active usage of the computer) and internet history. (b)
For all computers on which reports feature is enabled, the
above information is transmitted to servers at Cisco and/
or a third party at periodic intervals while the computer
is online. This information is associated and stored with
the email address supplied by you when you activated
the reports feature. This information is summarized into
a formal report and is emailed to the identified email
address. © Any computer on the network running the