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Appendix D
Software End User License Agreement
Gigabit 8-Port Workgroup Switch
Disclaimer of Liabilities. TO THE EXTENT NOT PROHIBITED
BY APPLICABLE LAW, IN NO EVENT WILL CISCO BE LIABLE
FOR ANY LOST DATA, REVENUE OR PROFIT, OR FOR SPECIAL,
INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE
DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY
(INCLUDING NEGLIGENCE), ARISING OUT OF OR RELATED
TO THE USE OF OR INABILITY TO USE THE PRODUCT,
SOFTWARE OR ANY SERVICES PROVIDED IN RESPECT
OF SUCH PRODUCT OR SOFTWARE, EVEN IF CISCO HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW,
IN NO EVENT WILL CISCO’S LIABILITY EXCEED THE
AMOUNT PAID BY YOU FOR THE PRODUCT. IF YOU LIVE
IN THE EUROPEAN UNION, REFERENCES TO “SPECIAL,
INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL
DAMAGES” SHALL MEAN ANY LOSSES WHICH (i) WERE NOT
REASONABLY FORESEEABLE BY BOTH PARTIES, AND/OR (ii)
WERE KNOWN TO YOU BUT NOT TO US AND/OR (iii) WERE
REASONABLY FORESEEABLE BY BOTH PARTIES BUT COULD
HAVE BEEN PREVENTED BY YOU SUCH AS, FOR EXAMPLE
(BUT WITHOUT LIMITATION), LOSSES CAUSED BY VIRUSES,
TROJANS OR OTHER MALICIOUS PROGRAMS, OR LOSS OF
OR DAMAGE TO YOUR DATA. The foregoing limitations will
apply even if any warranty or remedy provided under this
limited warranty fails of its essential purpose.
Technical Support. This limited warranty is neither
a service nor a support contract. Information about
Cisco’s current technical support offerings and policies
(including any fees for support services) can be found at
www.linksysbycisco.com/support.
Export. Software, including technical data, may be subject
to U.S. export control laws and regulations and/or export
or import regulations in other countries. You agree to
comply strictly with all such laws and regulations.
U.S. Government Users. The Software and Documentation
qualify as “commercial items” as defined at 48 C.F.R. 2.101
and 48 C.F.R. 12.212. All Government users acquire the
Software and Documentation with only those rights
herein that apply to non-governmental customers. 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.
General Terms. This Agreement will be governed by and
construed in accordance with the laws of the State of
California, without reference to conflict of laws principles.
The United Nations Convention on Contracts for the
International Sale of Goods will not apply. If any portion
of this Agreement is found to be void or unenforceable,
the remaining provisions will remain in full force and
effect. This Agreement constitutes the entire agreement
between the parties with respect to the Software and
supersedes any conflicting or additional terms contained
in any purchase order or elsewhere.
Linksys, Cisco and the Cisco Logo and other trademarks
contained in the Software and Documentation are
trademarks or registered trademarks of Linksys, Cisco,
its licensors and third parties, as the case may be. You
may not remove or alter any trademark, trade names,
product names, logo, copyright or other proprietary
notices, legends, symbols or labels in the Software and
Documentation. This Agreement does not authorize
you to use Cisco’s or its licensors’ names or respective
trademarks.
END OF SCHEDULE 1
Schedule 2
Network Magic Features
Network Magic License Restrictions. Other than as
set forth in this Agreement or as otherwise permitted
by Cisco, you may not install or execute the Network
Magic Software on any non-personal computer product,
including, but not limited to, a Web appliance, set top box,
handheld device, phone, Web pad device, or any device
running the Microsoft Windows CE operating system.
Terms of Service for Subscription Licenses. These Terms
of Service only apply if you have obtained a subscription
license to Network Magic as specified in your order. Such
subscription licenses may subject you to fees which you
are responsible for paying in order to continue to subscribe
to the Services.
1. Network Magic Cancellation. You may cancel the
Services at any time. If you cancel the Services, Cisco
will not be obligated to provide you any Network Magic
product Upgrades. If you cancel the Services, Cisco may
delete data relating to you or your use of the Services
from Cisco or its suppliers’ servers. To the extent not
prohibited by applicable law, you understand and agree
that cancellation of your Services is your sole remedy with
respect to any dispute with Cisco.
2. Modifications. Cisco may modify or cancel the terms
of this Agreement or the price, content, or nature of the
Services (including discontinuing the Services program),
upon notice to you. If Cisco modifies any of these
terms, you may cancel the Service by providing written
notice to Cisco via www.networkmagic.com/support
of such cancellation and uninstalling the Software and
discontinuing your use of the Service. Cisco may provide
notice by e-mail, via Network Magic, or by publishing the
changes on its Web site.
3. Email Notification. Cisco may send you email from
time to time to let you know about new products and
services that are available to you. You will be able to opt-
out of receiving these emails using the link provided
within the email. Cisco reserves the right, however, to