My Colleagues Tool Granular Administrator Agreement
for Lock/Unlock Functionality
YOU MUST READ CAREFULLY AND ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS MY COLLEAGUES TOOL GRANULAR ("MCTG") ADMINISTRATOR AGREEMENT ("AGREEMENT") BEFORE YOU MAY ACCESS OR USE THE MCTG LOCK AND UNLOCK FEATURES.
IF YOU DO AGREE TO ALL OF THE TERMS AND CONDITIONS, YOU SHOULD CLICK THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, YOU SHOULD CLICK THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT.
BY CLICKING THE "ACCEPT" BUTTON, YOU ARE BINDING YOURSELF AND THE BUSINESS ENTITY THAT YOU REPRESENT (COLLECTIVELY, "CUSTOMER") TO THIS AGREEMENT WITH CISCO SYSTEMS, INC. (OR ITS SUBSIDIARY OR AFFILIATE THAT PROVIDES YOU ACCESS TO THE MCTG) ("CISCO"). YOU FURTHER CERTIFY TO CISCO THAT YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF CUSTOMER. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, THEN CISCO IS UNWILLING TO GRANT YOU ACCESS TO OR USE OF THE MCTG LOCK AND UNLOCK FEATURES; AND YOU MAY CONTACT YOUR CISCO REPRESENTATIVE TO DISCUSS ALTERNATIVE METHODS TO RESTRICT CONTRACT NUMBER ADDITIONS TO CISCO.COM PROFILES ON BEHALF OF CUSTOMER.
All capitalized terms have the meanings assigned to them in the Glossary (Exhibit A), incorporated into this Agreement. This Agreement becomes effective when you manually click "Accept."
The general purposes of this Agreement are to:
In consideration of the mutual covenants and promises herein, you understand and agree as follows:
NO WARRANTY; DISCLAIMER. CISCO DOES NOT WARRANT THE PERFORMANCE, ACCURACY OR RESULTS OF MCTG IN ANY WAY; AND CISCO WILL IN NO EVENT BE RESPONSIBLE OR LIABLE FOR (A) ANY ACTIONS OF THE MCTG ADMINISTRATOR IN ADDING, BLOCKING, UNBLOCKING, REMOVING, LOCKING OR UNLOCKING ANY CONTRACT NUMBERS OR CISCO.COM PROFILES, OR (B) CISCO'S DENIAL TO CUSTOMER OF ENTITLEMENT TO SERVICES, OR CISCO'S GRANT OF SERVICES TO PERSONS ACTING UNDER CUSTOMER'S CONTRACT NUMBERS, BASED ON INFORMATION PROVIDED OR ACTIONS UNDERTAKEN BY THE MCTG ADMINISTRATOR. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CISCO DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE MCTG AND ALL INFORMATION AND MATERIALS IN CONNECTION THEREWITH ARE PROVIDED BY CISCO ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND.
Without limitation of the foregoing, Cisco makes no warranty that access to or use of the MCTG will be continuous, uninterrupted, or error-free. Because of the evolving nature of threats to computer security, Cisco is unable to warrant that information you provide will be secure; although Cisco will take reasonable commercial efforts to protect the security of the MCTG and information submitted by you through MCTG.
LIMITATION OF LIABILITY; CONSEQUENTIAL DAMAGES WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL CISCO BE LIABLE TO CUSTOMER OR TO ANY OTHER PARTY FOR ANY LOSS, DAMAGE, COST, INJURY OR EXPENSE, INCLUDING FOR LOSS OF TIME, MONEY, GOODWILL OR DATA OR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RELATING TO YOUR ACCESS TO OR USE OF THE MCTG OR FAILURE TO RECEIVE CISCO SERVICES BASED ON INFORMATION PROVIDED OR ACTIONS TAKEN BY THE MCTG ADMINISTRATOR, EVEN IF CISCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Customer, on behalf of itself and its affiliates, successors, assigns, employees and agents, waives, releases and forever and irrevocably discharges all claims, rights, causes of actions, suits and matters related to (a) Cisco's denial of Customer's entitlement to services, or (b) Cisco's delay in performing services to Customer, or Cisco's over-delivery of services to persons claiming to represent Customer, based in whole or in part on any adding, removing, blocking, unblocking, locking or unlocking actions taken by the MCTG Administrator or other information provided by the MCTG Administrator to Cisco regarding Customer's entitlement to services, whether arising now or in the future, known or unknown, or suspected or unsuspected, that may be asserted against Cisco or its affiliates, successors, assigns, employees, officers, directors, agents or anyone actually or allegedly associated with Cisco or acting on its behalf, and all of them. The waiver and release set forth above does not apply to any claims arising from the willful misconduct or gross negligence of Cisco.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CISCO IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE MCTG, IS TO TERMINATE YOUR ACCESS TO OR USE OF THE MCTG; AND IN NO EVENT SHALL CISCO'S LIABILITY TO CUSTOMER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, CLAIMS BY THIRD PARTIES OR OTHERWISE, EXCEED TEN THOUSAND U.S. DOLLARS ($10,000.00).
SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITIES FOR INCIDENTIAL OR CONSEQUENTIAL DAMAGES OR IMPLIED WARRANTIES, SO SOME OF THE FOREGOING MAY NOT APPLY TO YOU.
[Exhibit A follows]
EXHIBIT A
GLOSSARY
"Add" means to add a Contract Number to a Cisco.com Profile, as performed by an MCTG Administrator via MCTG.
"Block" means to prevent a Contract Number from being added to a particular Cisco.com Profile, as performed by an MCTG Administrator via MCTG.
Cisco.com Profile" means an account on Cisco.com that is associated with an individual person, which may include, among other things, data regarding (a) the person's contact information, (b) the customer organization that the person represents, (c) the Contract Numbers under which the person is entitled to receive Cisco services, and (d) other appropriate information provided by the user and/or collected by Cisco regarding the user's history and interactions with Cisco.
"Contract Number" means the number assigned to a valid contract that entitles the Customer to services from Cisco. In general, a Customer representative who has a valid Contract Number associated with his or her Cisco.com Profile will be entitled to receive services from Cisco. In contrast, a Customer representative who does not have a valid Contract Number associated with his or her Cisco.com Profile will be denied entitlement to services from Cisco.
"Lock" means to secure a Contract Number so that only an MCTG Administrator for that Contract Number can add that Contract Number to any Cisco.com Profile, as performed by an MCTG Administrator via MCTG.
"MCTG" means Cisco's My Colleagues Tool Granular application, which is a web-based application that enables an MCTG Administrator, among other things, to Add, Remove, Block or Unblock Contract Numbers to/from Cisco.com Profiles in order to manage who on behalf of a customer organization has access to the support services entitled under those Contract Numbers. MCTG is also used by MCTG Administrators to (a) Lock Contract Numbers so that Cisco representatives cannot add such Contract Numbers to Cisco.com Profiles (except in extraordinary circumstances), and (b) Unlock Contract Numbers so that Cisco representatives are free to add Contract Numbers to Cisco.com Profiles.
"MCTG Adminstrator" means an authorized individual representative who click-accepts this Agreement, and who is designated by Customer with authority to Add, Remove, Remove and Block, Unblock, Lock, and Unlock Contract Numbers using MCTG.
"Remove" means to delete a Contract Number from a Cisco.com Profile, as performed by an MCTG Administrator via MCTG.
"Remove and Block" means to delete a Contract Number from a Cisco.com Profile and prevent that Contract Number from being added again to that same Cisco.com Profile, as performed by an MCTG Administrator via MCTG.
"Unblock" means to remove the Block on a Contract Number for a Cisco.com Profile, as performed by an MCTG Administrator via MCTG, thereby permitting the Contract Number to be added to a particular Cisco.com Profile by a Cisco representative or other person who is not an MCTG Administrator.
"Unlock" means to remove the Lock on a Contract Number, as performed by an MCTG Administrator via MCTG, thereby permitting a Cisco representative or other person who is not an MCTG Administrator add that Contract Number to a Cisco.com Profile.
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By clicking on the "Accept" button below, you are acknowledging that you have read and agree to the "My Colleagues Tool Granular Administrator Agreement for Lock/Unlock Functionality" (above), in its entirety, and are committing your organization to this Agreement. You are also certifying to Cisco that you have authority to commit your organization to this Agreement. If you do not agree to all of the terms of this Agreement, or if you do not have the authority to commit your organization, you should click the "Decline" button below. You and your organization will have no rights or obligations under the Agreement unless and until you click the "Accept" button.