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Appendix D
Software End User License Agreement
Gigabit 8-Port Workgroup Switch
Software can enable any other computer (on the same
primary network) to generate reports. When a computer
is enabled, that computer shows a notification that it is
being monitored. As long as that computer is enabled,
each time the Software is started the user of that particular
computer will see a notification that it is being monitored
by the reports feature. Any computer on the network with
the Software installed can enable or disable any other
computer from the reports feature.
In addition, Cisco may collect and store detailed
information regarding your network configuration
and usage for the purpose of providing you technical
networking support. The information is associated with
you only when you provide a unique ID number to the
support representative while you are receiving help. The
unique ID is generated randomly on your computer upon
installation and is completely under your control.
Your use of your Cisco product and/or the Software
constitutes consent by you to Cisco’s and/or its affiliates’
collection and use of such information and, for European
Economic Area (EEA) customers, to the transfer of such
information to a location outside the EEA. Any information
collected by your Cisco product and/or the Software is
done and utilized in accordance with our Privacy Policy
available at Privacy Statement. Your election to use the
Cisco product and/or Software indicates your acceptance
of the terms of the Cisco Privacy Policy, so please review
the policy carefully and check the Web site above to
review updates to it.
Software Upgrades etc. If the Software enables you to
receive Upgrades, you may elect at any time to receive
these Upgrades either automatically or manually. If you
elect to receive Upgrades manually or you otherwise
elect not to receive or be notified of any Upgrades, you
may expose your Cisco product and/or the Software to
serious security threats and/or some features within your
Cisco product and/or Software may become inaccessible.
There may be circumstances where we apply an Upgrade
automatically in order to comply with changes in
legislation, legal, security or regulatory requirements or
as a result of requirements to comply with the terms of
any agreements Cisco has with any third parties regarding
your Cisco product and/or the Software. You will always
be notified of any Upgrades being delivered to you. The
terms of this license will apply to any such Upgrade unless
the Upgrade in question is accompanied by a separate
license, in which event the terms of that license will
apply.
Changes to Browser Settings and Error Processing. By
installing the Software, you acknowledge and agree that
the Software may change certain settings in your Internet
browser software, including the default settings for search
provider and source of DNS error pages and may direct
erroneous URLs to an error landing page hosted by Cisco.
You may opt out of these settings by not accepting them as
part of the installation process or by requesting a change
to your software settings in the error process. Installing
the software and changing these software settings may
conflict with license agreements you have entered into
with other entities, such as your Internet service provider.
Error queries that are libelous, slanderous, defamatory or
that may violate the intellectual property rights of others
may not be processed by Cisco or its suppliers.
Term and Termination. You may terminate this License
at any time by destroying all copies of the Software
and documentation. Your rights under this License will
terminate immediately without notice from Cisco if you
fail to comply with any provision of this Agreement.
Limited Warranty. Cisco additionally warrants that any
media on which the Software may be provided will be
free from defects in materials and workmanship under
normal use for a period of ninety (90) days from the date
of original purchase. Your exclusive remedy and Cisco’s
entire liability under this limited warranty will be for Cisco,
at its option, to (a) replace the Software media, or (b)
refund the purchase price of the Software media.
EXCEPT FOR THE LIMITED WARRANTY ON MEDIA
SET FORTH ABOVE AND TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SOFTWARE AND
SERVICES PROVIDED BY CISCO ARE PROVIDED “AS IS” WITH
ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
Without limiting the foregoing, Cisco does not warrant
that the operation of the product, software or services will
be uninterrupted or error free. Also, due to the continual
development of new techniques for intruding upon and
attacking networks, Cisco does not warrant that the
product, software or services, or any equipment, system
or network on which the product, software or services
are used will be free of vulnerability to intrusion or attack.
The product may include or be bundled with third party
software or service offerings. This limited warranty shall
not apply to such third party software or service offerings.
This limited warranty does not guarantee any continued
availability of a third party’s service for which this product’s
use or operation may require.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE
LAW, ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, SATISFACTORY QUALITY,
NONINFRINGEMENT OR FITNESS FOR A PARTICULAR
PURPOSE ARE LIMITED TO THE DURATION OF THE
WARRANTY PERIOD. ALL OTHER EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS AND WARRANTIES ARE
DISCLAIMED. Some jurisdictions do not allow limitations
on how long an implied warranty lasts, so the above
limitation may not apply to you. This limited warranty
gives you specific legal rights, and you may also have
other rights which vary by jurisdiction.