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Supplemental Red Hat End User License Agreement for Cisco TelePresence Exchange System 1.0 and 1.1

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Supplemental Red Hat End User License Agreement for Cisco TelePresence Exchange System Release 1.0 and 1.1

Table Of Contents

Supplemental Red Hat
End User License Agreement
for Cisco TelePresence Exchange System Release 1.0 and 1.1

IMPORTANT: READ CAREFULLY

SUPPLEMENTAL END USER LICENSE AGREEMENT
JBOSS® ENTERPRISE MIDDLEWARE™


Supplemental Red Hat
End User License Agreement
for Cisco TelePresence Exchange System Release 1.0 and 1.1


IMPORTANT: READ CAREFULLY

Dear Customer,

This Supplemental Red Hat End User License Agreement ("SEULA") contains additional terms and conditions for the software product licensed under the End User License Agreement ("EULA") between you and Cisco, and any relevant product agreement (collectively, the "Agreement").

In addition to the limitations set forth in the EULA on your access and use of the Software, you agree to comply at all times with the terms and conditions provided in this SEULA. DOWNLOADING, INSTALLING, OR USING THE SOFTWARE CONSTITUTES ACCEPTANCE OF THE AGREEMENT, AND YOU ARE BINDING YOURSELF AND THE BUSINESS ENTITY THAT YOU REPRESENT (COLLECTIVELY, "CUSTOMER") TO THE AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENT, THEN CISCO IS UNWILLING TO LICENSE THE SOFTWARE TO YOU AND (A) YOU MAY NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE, AND (B) YOU MAY RETURN THE SOFTWARE (INCLUDING ANY UNOPENED CD PACKAGE AND ANY WRITTEN MATERIALS) FOR A FULL REFUND, OR, IF THE SOFTWARE AND WRITTEN MATERIALS ARE SUPPLIED AS PART OF ANOTHER PRODUCT, YOU MAY RETURN THE ENTIRE PRODUCT FOR A FULL REFUND. YOUR RIGHT TO RETURN AND REFUND EXPIRES 30 DAYS AFTER PURCHASE FROM CISCO OR AN AUTHORIZED CISCO RESELLER, AND APPLIES ONLY IF YOU ARE THE ORIGINAL END USER PURCHASER.

Cisco Product—Cisco TelePresence Exchange System

SUPPLEMENTAL END USER LICENSE AGREEMENT
JBOSS® ENTERPRISE MIDDLEWARE™

This supplemental end user license agreement ("SEULA") governs the use of the various software modules that collectively comprise the JBoss Enterprise Middleware and any related updates, source code, appearance, structure and organization (the "Programs"), regardless of the delivery mechanism.

1. License Grant. Subject to the following terms, Red Hat, Inc. ("Red Hat") grants to you ("User") a license to the Programs pursuant to the GNU Lesser General Public License v. 2.1 except for the following Programs: (a) JBoss Portal Forums and JBoss Transactions, each of which is licensed pursuant to the GNU General Public License v.2; (b) JBoss Rules, which is licensed pursuant to the Apache License v.2.0; (c) an optional download for JBoss Cache for the Berkeley DB for Java database, which is licensed under the (open source) Sleepycat License (if User wishes to obtain a commercial license for this database, it may purchase a license from Sleepycat Software); and (d) the BPEL extension for JBoss jBPM, which is licensed under the Common Public License v.1, and, pursuant to the OASIS BPEL4WS standard, requires parties wishing to redistribute to enter various royalty-free patent licenses. Each of the foregoing licenses is available at http://www.opensource.org/licenses/alphabetical. The Programs are comprised of hundreds of software components. With the exception of certain image files identified in Section 2 below, the license agreement for each software component is located in the software component's source code and permits User to run, copy, modify, and redistribute (subject to certain obligations in some cases) the software component, in both source code and binary code forms. This agreement does not limit User's rights under, or grant User rights that supersede, the license terms of any particular component.

2. Intellectual Property Rights. The Programs and each of their components are owned by Red Hat and others and are protected under copyright law and under other laws as applicable. Title to the Programs and any component, or to any copy, modification, or merged portion shall remain with the aforementioned, subject to the applicable license. The "JBoss" trademark, "Red Hat" trademark, the individual Program trademarks, and the "Shadowman" logo are registered trademarks of Red Hat and its affiliates in the U.S. and other countries. This SEULA does not permit User to distribute the Programs using Red Hat's trademarks, regardless of whether they have been modified. User should read the information found at http://www.redhat.com/about/corporate/trademark/ before distributing a copy of the Programs. User may make a commercial redistribution of the Programs only if (a) a separate agreement with Red Hat authorizing such commercial redistribution is executed or other written permission is granted by Red Hat or (b) User must replace all Red Hat trademarks as well as the logos identified at http://www.jboss.com/company/logos. Merely deleting the files containing the Red Hat trademarks and logos may corrupt the Programs.

3. Limited Warranty. Except as specifically stated in this Section 3, a separate agreement with Red Hat, or a license for a particular component, to the maximum extent permitted under applicable law, the Programs and the components are provided and licensed "as is" without warranty of any kind, expressed or implied, including the implied warranties of merchantability, non-infringement or fitness for a particular purpose. Red Hat warrants that the media on which Programs and the components are furnished will be free from defects in materials and manufacture under normal use for a period of 30 days from the date of delivery to User. Red Hat does not warrant that the functions contained in the Programs will meet User's requirements or that the operation of the Programs will be entirely error free, appear precisely as described in the accompanying documentation, or comply with regulatory requirements. This warranty extends only to the party that purchases services pertaining to the Programs from Red Hat or a Red Hat authorized distributor.

4. Limitation of Remedies and Liability. To the maximum extent permitted by applicable law, User's exclusive remedy under this SEULA is to return any defective media within 30 days of delivery along with a copy of User's payment receipt and Red Hat, at its option, will replace it or refund the money paid by User for the media. To the maximum extent permitted under applicable law, neither Red Hat, any Red Hat authorized distributor, nor the licensor of any component provided to User under this SEULA will be liable to User for any incidental or consequential damages, including lost profits or lost savings arising out of the use or inability to use the Programs or any component, even if Red Hat, such authorized distributor, or licensor has been advised of the possibility of such damages. In no event shall Red Hat's liability, an authorized distributor's liability or the liability of the licensor of a component provided to User under this SEULA exceed the amount that User paid to Red Hat under this SEULA during the twelve months preceding the action.

5. Export Control. As required by the laws of the United States and other countries, User represents and warrants that it: (a) understands that the Programs and their components are subject to export controls under the U.S. Commerce Department's Export Administration Regulations ("EAR"); (b) is not located in a prohibited destination country under the EAR or U.S. sanctions regulations (currently Cuba, Iran, Iraq, North Korea, Sudan and Syria, subject to change as posted by the United States government); (c) will not export, re-export, or transfer the Programs to any prohibited destination or entities on the U.S. Bureau of Industry and Security Denied Parties List or Entity List, or the U.S. Office of Foreign Assets Control list of Specially Designated Nationals and Blocked Persons, or any similar lists maintained by other countries, without the necessary export license(s) or authorizations(s); (d) will not use or transfer the Programs for use in connection with any nuclear, chemical or biological weapons, missile technology, or military end-uses where prohibited by an applicable arms embargo, unless authorized by the relevant government agency individual without the necessary export license(s) or authorizations(s) from the U.S. Government; (e) understands and agrees that if it is in the United States and exports or transfers the Programs to eligible end users, it will, to the extent required by EAR Section 740.17(e), submit semi-annual reports to the Commerce Department's Bureau of Industry and Security, which include the name and address (including country) of each transferee; and (f) understands that countries including the United States may restrict the import, use, or export of encryption products (which may include the Programs and the components) and agrees that it shall be solely responsible for compliance with any such import, use, or export restrictions.

6. Third Party Programs. Red Hat may distribute third party software programs with the Programs that are not part of the Programs. These third party software programs are not required to run the Programs, are provided as a convenience to User, and are subject to their own license terms. The license terms either accompany the third party software programs or can be viewed at http://www.redhat.com/licenses/thirdparty/eula.html. If User does not agree to abide by the applicable license terms for the third party software programs, then User may not install them. If User wishes to install the third party software programs on more than one system or transfer the programs to another party, then User must contact the licensor of the applicable third party software programs.

7. General. If any provision of this agreement is held to be unenforceable, that shall not affect the enforceability of the remaining provisions. This License Agreement shall be governed by the laws of the State of New York and of the United States, without regard to any conflict of laws provisions. The rights and obligations of the parties to this SEULA shall not be governed by the United Nations Convention on the International Sale of Goods.