NCS and End-User Licenses
This appendix provides the end-user license and warranty information that apply to the Cisco NCS. It contains these sections:
•Notices and Disclaimers
•End-User License Agreement
Before you purchase a Cisco Network Control System (NCS) license, decide on the license type and how many access points will need to be supported and licensed.
The four types of licenses for Cisco NCS support different feature levels:
•Cisco NCS Evaluation License
•Cisco NCS Device Count License
•Cisco NCS Upgrade License
•Cisco NCS Migration License
See the "Managing Licenses" section for information on managing NCS licenses on the GUI.
Types of Licenses
Cisco NCS is deployed through physical or virtual appliances, you will use the standard License Center Graphical User Interface to add new licenses, which will be locked by the standard Cisco Unique Device Identifier (UDI) or Virtual Unique Device Identifier (VUDI) if you are using a virtual appliance.
The licensing information for existing Cisco WCS deployments are being upgraded to support Cisco NCS 1.0. (While previous Cisco WCS SKUs will be available until September 2011, We recommend that you purchase the new Cisco NCS SKUs outlined in the NCS Ordering Guide (http://www.cisco.com/en/US/prod/collateral/wireless/ps5755/ps11682/ps11686/guide_c07-653879.html) for a more seamless migration to licensing. This chapter includes information on new Cisco NCS licenses, migrating from Cisco WCS to Cisco NCS, and deploying the free Cisco NCS demonstration license. The types of Cisco Network Control System (NCS) licenses are as follows:
•L-NCS-DEMO-X— Cisco NCS Evaluation License, provides an evaluation license for X number of devices, and for a duration of 30 days. If you need a custom device count or duration, please contact your Cisco representative. For customers wishing to download the new full featured, Cisco NCS with Spectrum Integration demonstration license that supports ten access points for up to 30 days. Demo licenses are available at http://www.cisco.com/go/license.
Note The free 30-day trial license is NOT supported by the Cisco Technical Assistance Center (TAC).
•L-NCS-1.0-X—Cisco NCS Enterprise License with Mobility Services Enablement, High availability, and Support for multiple Cisco NCS servers. If you choose the option of ordering the physical appliances, you will be shipped with PRIME-NCS-APL-K9 along with a PAK for the license quantity you ordered (L-NCS-1.0-X). If you choose the virtual appliance option, download the virtual NCS image and get the L-NCS-1.0-X PAK emailed to you once it has been ordered.
•L-NCS-1.0-X-ADD —For customer buying new or expansion Cisco NCS licenses running Cisco Unified Wireless Network Software. It is available as L-NCS-1.0-X-ADD option in increments of 50, 100, or 500 lightweight access points. The larger license quantities, specifically 1K, 2.5K, 5K, and 10K are actually shipped in smaller increments to allow the licenses to be split across different NCS instances.
Note When the number of managed devices exceeds the limit of those licensed, NCS generates an alarm. Also, when the user logs into NCS, they are alerted if the licensed access point count has been exceeded.
Note For ADD ON License, you must have one and only one device count license (L-NCS-1.0-X) before stacking "ADD-ON" licenses.
Note Cisco WLSE Express (Model 1030) and CiscoWorks WLSE (Model 1105 or 1133) are NOT supported with this SKU. DO NOT install the CiscoWorks WLSE CDs on the CiscoWorks WLSE Express (Model 1030) appliance or CiscoWorks WLSE (Model 1105 or 1133) because this conversion does not work and is not supported by Cisco Systems.
•NCS-2.0-UPGRADE-X-LIC—For customers upgrading from their existing Cisco NCS licenses to new Cisco NCS licenses. It is available as Cisco NCS UPGRADE in increments of 50, 100, or 500 lightweight access points.
•WCS to NCS Migration—The Cisco NCS uses a single-tier license model. When Cisco WCS BASE or WCS PLUS licenses are being migrated, licenses will be mapped to the new Cisco Prime NCS single-tier model. This is a two stage process, Obtianing the XML file from exisiting WCS deployment and uploading the XML into Cisco Migration Portal. The migration licenses that are generated from the Cisco migration portal. These licenses will be mapped to NCS 1.0 licenses of equivalent counts. So an WCS 7.0 Base 500 with Spectrum Expert licenses will be converted to an NCS 1.0 500 device license.
Note For more information about WCS to NCS Migration, see "NCS Migration License" section.
Cisco Unified Wireless Network Releases enforces software based licensing. Customers are prompted to enter license files by all new Cisco NCS SKU families. Existing customers migrating to a later release are also impacted by licensing and should contact their Cisco Sales Representative or TAC to obtain Product Authorization Key (PAK) certificate if they have not already received PAK certificate from Cisco. For more information, refer to the NCS Ordering Guide.
All Cisco NCS licenses can be purchased or acquired directly from Cisco.com via the normal Cisco ordering processes. Cisco Unified Wireless Network Software Releases can be downloaded from Cisco.com or, for a nominal charge, a DVD can be purchased from the NCS-1.0-X or NCS-1.0-X-LIC SKU families. The NCS DVD contains software image of Cisco NCS version 1.0. Customers can select the appropriate Cisco NCS release mode to designate whether they would like to get a Physical Appliance software image(ISO) or a Virtual appliance(OVA) version. The Cisco NCS features and access point quantity are activated after installation by inserting the license file that is tied to the original purchased Cisco NCS SKU. This DVD is shipped via U.S. mail to the purchaser's address.
The Cisco NCS free demonstration license, NCS-DEMO-X is only available as a software download from Cisco.com. Within the 30 day trial period, this free license can be upgraded to one of the non-expiring Cisco NCS SKUs by applying license files generated through the purchase of one of the non-expiring Cisco NCS SKU families.
Product Authorization Key Certificate
All Cisco NCS SKUs require a PAK certificate to register the Cisco NCS license. The PAK is a paper certificate sent via U.S. mail from Cisco Systems upon purchase of the Cisco NCS license. The PAK certificate allows customers to receive a Cisco NCS license. It is used to register the Cisco NCS and generate license files. All customers must go to the PAK registration site listed on their PAK certificate to complete their Cisco NCS registration. The PAK certificate provides clear instructions on how to complete the Cisco NCS licensing process.
Note All customers that purchase Cisco NCS from Cisco.com via download or DVD must activate their Cisco NCS license by registering at the PAK site. Customers receive the PAK via U.S. mail. Cisco NCS will not be activated until the PAK registration process is completed.
Determining Which License To Use
You should select the correct license based on your deployment situation, the number of access points to be supported, and Cisco NCS options. Only one type of license can be used on the NCS at one time. For example, if your NCS has a NCS-1.0-X license, you cannot add a NCS-1.0-X-LIC license. You can add to the current license by purchasing a license to increase the access point count. For example, if you have a NCS-1.0-50 license with an access point count of 50 and in a year you need to add more access points, you can buy another NCS-1.0-100 license with an access point count of 100, apply it to the NCS, and have a NCS with license for 150 access points. You can add a license to increase the number of access points in increments of 50, 100, 500, 1000, 2500, 5000 or 10000.
Installing a License
You need to have the Network Control System license key file to install your license. The key file is distributed to you in an e-mail from Cisco Systems. This file activates the features that you have purchased for your Cisco Network Control System (NCS). Do not edit the contents of the .lic file in any way or you will render the file useless.
We strongly recommends that you print the e-mail, save the attachment to a removable media, and store both in a safe place for future use, if needed by either yourself or anyone in your organization.
Before you proceed, make sure that the NCS server software has been installed and configured on the server.
To install the NCS license, follow these steps:
Step 1 Save the license file (.lic) to a temporary directory on your hard drive.
Step 2 Open a supported browser.
Step 3 In the Location or Address text box, enter the following URL, replacing IP address or host name of the NCS server: https://<IP address>.
Step 4 Log in to the NCS server as system administrator. User names and passwords are case-sensitive.
Step 5 Choose Administration > License Center.
Step 6 Choose Files > NCS from the left sidebar menu.
Step 7 Click Add. The Add a License File dialog box appears.
Step 8 In the Add a License File dialog box, click Browse to navigate to the location where you saved the .lic file.
Step 9 Click Upload.
The NCS server imports the license.
During the upload the following items are checked:
•Validity of the license file.
•Matching UDI on the license and NCS system.
If you encounter a problem with the license file, please contact the Cisco Licensing team at 800-553-2447 or email@example.com.
Backup and Restore License
The license files are saved as part of the backup and restore process, so upgrading NCS will not require reentering of the license files. However, the restore must be on a system with the same UDI for the restored licenses to work. If you have installed an upgraded license on your system, you must reinstall the original license, followed by the upgrade license. To backup the NCS database, see the "Backing Up the NCS Database" section.
Notices and Disclaimers
This chapter/appendix contains notices and disclaimers that pertain to Cisco NCS/Cisco WLAN Controller/whatever other product.
The following notices pertain to this software license.
OpenSSL/Open SSL Project
This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/).
This product includes cryptographic software written by Eric Young (firstname.lastname@example.org).
This product includes software written by Tim Hudson (email@example.com).
The OpenSSL toolkit stays under a dual license, for example, both the conditions of the OpenSSL License and the original SSLeay license apply to the toolkit. See below for the actual license texts. Actually both licenses are BSD-style Open Source licenses. In case of any license issues related to OpenSSL please contact firstname.lastname@example.org.
Copyright © 1998-2007 The OpenSSL Project. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions, and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software must display the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)".
4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact email@example.com.
5. Products derived from this software may not be called "OpenSSL" nor may "OpenSSL" appear in their names without prior written permission of the OpenSSL Project.
6. Redistributions of any form whatsoever must retain the following acknowledgment:
"This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)".
THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT "AS IS"' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This product includes cryptographic software written by Eric Young (firstname.lastname@example.org). This product includes software written by Tim Hudson (email@example.com).
Original SSLeay License:
Copyright © 1995-1998 Eric Young (firstname.lastname@example.org). All rights reserved.
This package is an SSL implementation written by Eric Young (email@example.com).
The implementation was written so as to conform with Netscapes SSL.
This library is free for commercial and non-commercial use as long as the following conditions are adhered to. The following conditions apply to all code found in this distribution, be it the RC4, RSA, lhash, DES, etc., code; not just the SSL code. The SSL documentation included with this distribution is covered by the same copyright terms except that the holder is Tim Hudson (firstname.lastname@example.org).
Copyright remains Eric Young's, and as such any Copyright notices in the code are not to be removed. If this package is used in a product, Eric Young should be given attribution as the author of the parts of the library used. This can be in the form of a textual message at program startup or in documentation (online or textual) provided with the package.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software must display the following acknowledgement:
"This product includes cryptographic software written by Eric Young (email@example.com)".
The word `cryptographic' can be left out if the routines from the library being used are not cryptography-related.
4. If you include any Windows specific code (or a derivative thereof) from the apps directory (application code) you must include an acknowledgement: "This product includes software written by Tim Hudson (firstname.lastname@example.org)".
THIS SOFTWARE IS PROVIDED BY ERIC YOUNG "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The license and distribution terms for any publicly available version or derivative of this code cannot be changed. i.e. this code cannot simply be copied and put under another distribution license [including the GNU Public License].
All third party trademarks are the property of their respective owners.
End-User License Agreement
IMPORTANT: PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. DOWNLOADING, INSTALLING OR USING CISCO OR CISCO-SUPPLIED SOFTWARE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
CISCO IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. BY DOWNLOADING OR INSTALLING THE SOFTWARE, OR USING THE EQUIPMENT THAT CONTAINS THIS SOFTWARE, YOU ARE BINDING YOURSELF AND THE BUSINESS ENTITY THAT YOU REPRESENT (COLLECTIVELY, "CUSTOMER") TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN CISCO IS UNWILLING TO LICENSE THE SOFTWARE TO YOU AND (A) DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE, AND (B) YOU MAY RETURN THE SOFTWARE FOR A FULL REFUND, OR, IF THE SOFTWARE IS 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.
The following terms of this End User License Agreement ("Agreement") govern Customer's access and use of the Software, except to the extent (a) there is a separate signed agreement between Customer and Cisco governing Customer's use of the Software or (b) the Software includes a separate "click-accept" license agreement as part of the installation and/or download process. To the extent of a conflict between the provisions of the foregoing documents, the order of precedence shall be (1) the signed agreement, (2) the click-accept agreement, and (3) this End User License Agreement.
License. Conditioned upon compliance with the terms and conditions of this Agreement, Cisco Systems, Inc. or its subsidiary licensing the Software instead of Cisco Systems, Inc. ("Cisco"), grants to Customer a nonexclusive and nontransferable license to use for Customer's internal business purposes the Software and the Documentation for which Customer has paid the required license fees. "Documentation" means written information (whether contained in user or technical manuals, training materials, specifications or otherwise) specifically pertaining to the Software and made available by Cisco with the Software in any manner (including on CD-Rom, or on-line).
Customer's license to use the Software shall be limited to, and Customer shall not use the Software in excess of, a single hardware chassis or card or such number and types of agent(s), concurrent users, sessions, IP addresses, port(s), seat(s), server(s), site(s), features and feature sets as are set forth in the applicable Purchase Order which has been accepted by Cisco and for which Customer has paid to Cisco the required license fee.
Unless otherwise expressly provided in the Documentation, Customer shall use the Software solely as embedded in, for execution on, or (where the applicable documentation permits installation on non-Cisco equipment) for communication with Cisco equipment owned or leased by Customer and used for Customer's internal business purposes. NOTE: For evaluation or beta copies for which Cisco does not charge a license fee, the above requirement to pay license fees does not apply.
General Limitations. This is a license, not a transfer of title, to the Software and Documentation, and Cisco retains ownership of all copies of the Software and Documentation. Customer acknowledges that the Software and Documentation contain trade secrets of Cisco, its suppliers or licensors, including but not limited to the specific internal design and structure of individual programs and associated interface information. Accordingly, except as otherwise expressly provided under this Agreement, Customer shall have no right, and Customer specifically agrees not to:
(i) transfer, assign or sublicense its license rights to any other person or entity, or use the Software on unauthorized or secondhand Cisco equipment, and Customer acknowledges that any attempted transfer, assignment, sublicense or use shall be void;
(ii) make error corrections to or otherwise modify or adapt the Software or create derivative works based upon the Software, or permit third parties to do the same;
(iii) reverse engineer or decompile, decrypt, disassemble or otherwise reduce the Software to human-readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this restriction;
(iv) use or permit the Software to be used to perform services for third parties, whether on a service bureau or time sharing basis or otherwise, without the express written authorization of Cisco; or
(v) disclose, provide, or otherwise make available trade secrets contained within the Software and Documentation in any form to any third party without the prior written consent of Cisco. Customer shall implement reasonable security measures to protect such trade secrets.
To the extent required by law, and at Customer's written request, Cisco shall provide Customer with the interface information needed to achieve interoperability between the Software and another independently created program, on payment of Cisco's applicable fee, if any. Customer shall observe strict obligations of confidentiality with respect to such information and shall use such information in compliance with any applicable terms and conditions upon which Cisco makes such information available.
Software, Upgrades and Additional Copies. For purposes of this Agreement, "Software" shall include (and the terms and conditions of this Agreement shall apply to) computer programs, including firmware, as provided to Customer by Cisco or an authorized Cisco reseller, and any upgrades, updates, bug fixes or modified versions thereto (collectively, "Upgrades") or backup copies of the Software licensed or provided to Customer by Cisco or an authorized Cisco reseller. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT: (1) CUSTOMER HAS NO LICENSE OR RIGHT TO USE ANY ADDITIONAL COPIES OR UPGRADES UNLESS CUSTOMER, AT THE TIME OF ACQUIRING SUCH COPY OR UPGRADE, ALREADY HOLDS A VALID LICENSE TO THE ORIGINAL SOFTWARE AND HAS PAID THE APPLICABLE FEE FOR THE UPGRADE OR ADDITIONAL COPIES; (2) USE OF UPGRADES IS LIMITED TO CISCO EQUIPMENT FOR WHICH CUSTOMER IS THE ORIGINAL END USER PURCHASER OR LESSEE OR WHO OTHERWISE HOLDS A VALID LICENSE TO USE THE SOFTWARE WHICH IS BEING UPGRADED; AND (3) THE MAKING AND USE OF ADDITIONAL COPIES IS LIMITED TO NECESSARY BACKUP PURPOSES ONLY.
Proprietary Notices. Customer agrees to maintain and reproduce all copyright and other proprietary notices on all copies, in any form, of the Software in the same form and manner that such copyright and other proprietary notices are included on the Software. Except as expressly authorized in this Agreement, Customer shall not make any copies or duplicates of any Software without the prior written permission of Cisco.
Term and Termination. This Agreement and the license granted herein shall remain effective until terminated. Customer may terminate this Agreement and the license at any time by destroying all copies of Software and any Documentation. Customer's rights under this Agreement will terminate immediately without notice from Cisco if Customer fails to comply with any provision of this Agreement. Upon termination, Customer shall destroy all copies of Software and Documentation in its possession or control. All confidentiality obligations of Customer and all limitations of liability and disclaimers and restrictions of warranty shall survive termination of this Agreement. In addition, the provisions of the sections titled "U.S. Government End User Purchasers" and "General Terms Applicable to the Limited Warranty Statement and End User License" shall survive termination of this Agreement.
Customer Records. Customer grants to Cisco and its independent accountants the right to examine Customer's books, records and accounts during Customer's normal business hours to verify compliance with this Agreement. In the event such audit discloses non-compliance with this Agreement, Customer shall promptly pay to Cisco the appropriate license fees, plus the reasonable cost of conducting the audit.
Export. Software and Documentation, including technical data, may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software and Documentation.
U.S. Government End User Purchasers. The Software and Documentation qualify as "commercial items," as that term is defined at Federal Acquisition Regulation ("FAR") (48 C.F.R.) 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in FAR 12.212. Consistent with FAR 12.212 and DoD FAR Supp. 227.7202-1 through 227.7202-4, and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which this End User License Agreement may be incorporated, Customer may provide to Government end user or, if this Agreement is direct, Government end user will acquire, the Software and Documentation with only those rights set forth in this End User License Agreement. 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.
Subject to the limitations and conditions set forth herein, Cisco warrants that commencing from the date of shipment to Customer (but in case of resale by an authorized Cisco reseller, commencing not more than ninety (90) days after original shipment by Cisco), and continuing for a period of the longer of (a) ninety (90) days or (b) the warranty period (if any) expressly set forth as applicable specifically to software in the warranty card accompanying the product of which the Software is a part (the "Product") (if any): (a) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (b) the Software substantially conforms to the Documentation. The date of shipment of a Product by Cisco is set forth on the packaging material in which the Product is shipped. Except for the foregoing, the Software is provided AS IS. This limited warranty extends only to the Customer who is the original licensee. Customer's sole and exclusive remedy and the entire liability of Cisco and its suppliers and licensors under this limited warranty will be (i) replacement of defective media and/or (ii) at Cisco's option, repair, replacement, or refund of the purchase price of the Software, in both cases subject to the condition that any error or defect constituting a breach of this limited warranty is reported to Cisco or the party supplying the Software to Customer, if different than Cisco, within the warranty period. Cisco or the party supplying the Software to Customer may, at its option, require return of the Software as a condition to the remedy. In no event does Cisco warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions. In addition, due to the continual development of new techniques for intruding upon and attacking networks, Cisco does not warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack.
Restrictions. This warranty does not apply if the Software, Product or any other equipment upon which the Software is authorized to be used (a) has been altered, except by Cisco or its authorized representative, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Cisco, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; or (d) is licensed, for beta, evaluation, testing or demonstration purposes for which Cisco does not charge a purchase price or license fee.
DISCLAIMER OF WARRANTY. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY CISCO, ITS SUPPLIERS AND LICENSORS. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY. THIS WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.
General Terms Applicable to the Limited Warranty Statement and End User License Agreement
Disclaimer of Liabilities. REGARDLESS WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL CISCO OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE OR OTHERWISE AND EVEN IF CISCO OR ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Cisco's or its suppliers' or licensors' liability to Customer, whether in contract, tort (including negligence), breach of warranty, or otherwise, exceed the price paid by Customer for the Software that gave rise to the claim or if the Software is part of another Product, the price paid for such other Product. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Customer agrees that the limitations of liability and disclaimers set forth herein will apply regardless of whether Customer has accepted the Software or any other product or service delivered by Cisco. Customer acknowledges and agrees that Cisco has set its prices and entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.
The validity, interpretation, and performance of this Warranty and End User License shall be controlled by and construed under the laws of the State of California, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of laws, and the State and federal courts of California shall have jurisdiction over any claim arising under this Agreement. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods. Notwithstanding the foregoing, either party may seek interim injunctive relief in any court of appropriate jurisdiction with respect to any alleged breach of such party's intellectual property or proprietary rights. If any portion hereof is found to be void or unenforceable, the remaining provisions of the Agreement shall remain in full force and effect. Except as expressly provided herein, this Agreement constitutes the entire agreement between the parties with respect to the license of the Software and Documentation and supersedes any conflicting or additional terms contained in any purchase order or elsewhere, all of which terms are excluded. This Agreement has been written in the English language, and the parties agree that the English version will govern.
Supplemental License Agreement
Cisco Network Control System (NCS)
You have agreed to the Cisco System, Inc. End User License Agreement ("EULA") that governs your access and use of the Cisco Network Control System ("NCS"). This supplemental license agreement (this "supplement") contains additional terms and conditions.
Capitalized terms used and but not defined in this supplement have the meanings as defined in the EULA. To the extent of a conflict between the provisions of this supplement and the EULA, this supplement takes precedence.
By installing, downloading, accessing or otherwise using the Software, Customer agrees to be bound by the terms of this supplement. If Customer does not agree to the terms of this supplement, Customer may not install, download, or otherwise use the Software.
Restrictions on Managed Access Point and Devices
Customer may not use the Software unless:
• Customer obtains a NCS limited license by placing a Purchase Order for a NCS license for a specific number of access points, having the Purchase Order accepted by Cisco, and paying to Cisco the required license fee; or
• Customer obtains a NCS demonstration license by registering and downloading the Software for demonstration purposes in accordance with the Cisco Data Sheet for the Cisco Wireless Control System (the "NCS Data Sheet").
If Customer obtains a NCS limited license, Customer may not use the Software to manage more access points than those identified in the Software's Cisco SKU or the product description on Customer's accepted, paid Purchase Order plus those identified in the Software's Cisco SKUs or the product descriptions on Customer's prior accepted, paid Purchase Orders.
If Customer obtains a NCS demonstration license, Customer may not use the Software to manage more than the number of access points identified for the Cisco NCS demonstration license in the NCS Data Sheet.
Customer may use the Software only to manage those devices identified as managed devices in the product specifications section of NCS Data Sheet.
Customer may install and run the Software on multiple servers if the Software's Cisco SKU or product description on Customer's accepted, paid Purchase Order identifies the product as an enterprise or "ent" license. Otherwise, Customer may install and run the Software on only a single server.
Third-Party Proprietary Software
The Software includes proprietary software and technology from Cisco's suppliers. Some suppliers are intended third-party beneficiaries of the EULA and this supplement. Third-party-beneficiary suppliers include: (a) Hifn, Inc.; (b) Wind River Systems, Inc. and its suppliers; and (c) any other supplier Cisco identifies as a third-party beneficiary in the Documentation or additional supplements. These suppliers may enforce, and are express beneficiaries of, the EULA and this supplement. However, they are not in any contractual relationship with Customer.
The limited warranty in the EULA is made only by Cisco and is disclaimed by all Cisco suppliers. Cisco and any Cisco supplier may obtain injunctive relief if Customer's use of the Software is in violation of any license restrictions.
The Software includes certain open-source software. Despite anything to the contrary in the EULA or this supplement, the open-source software is governed by the terms and conditions of the applicable open-source license. The open-source software, the applicable open-source licenses and other open-source notices may be identified in the Documentation or in a README file accompanying the Software. Customer agrees to comply with all such licenses and other notices.
Other Terms and Conditions
The terms of the EULA and this supplement may be enforced by license registration and other software tools.