Cisco
Limited Warranty, Disclaimer of Warranty, and End User License Agreement
Hardware. Cisco Systems, Inc., or the Cisco Systems, Inc.
subsidiary selling the Product ("Cisco") warrants that commencing
from the date of shipment to Customer (and in case of resale by a 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 period set forth in the Warranty Card accompanying the Product (if
any), the Hardware will be free from defects in material and workmanship under
normal use. The date of shipment of a Product by Cisco is set forth on the
packaging material in which the Product is shipped. This limited warranty
extends only to the original user of the Product. Customer's sole and exclusive
remedy and the entire liability of Cisco and its suppliers under this limited
warranty will be, at Cisco's or its service center's option, shipment of a
replacement within the warranty period and according to the replacement process
described in the Warranty Card (if any), or if no Warranty Card, as
described at www.cisco.com/en/US/products/prod_warranties_listing.html or a
refund of the purchase price if the Hardware is returned to the party supplying
it to Customer, freight and insurance prepaid. Cisco replacement parts used in
Hardware replacement may be new or equivalent to new. Cisco's obligations
hereunder are conditioned upon the return of affected Hardware in accordance
with Cisco's or its service center's then-current Return Material Authorization
(RMA) procedures.
Software. 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
software warranty period (if any) set forth in the warranty card accompanying
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 its published specifications. 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, at
Cisco's option, repair, replacement, or refund of the Software if reported (or,
upon request, returned) to Cisco or the party supplying the Software to
Customer. 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. This warranty also does not apply to (e) any
temporary Software modules; (f) any Software not posted on Cisco’s Software
Center (on Cisco.com URL where Cisco makes the Software publicly available to
licensed customers); (g) any Software removed by Cisco from Cisco’s Software
Center, such as software removed for catastrophic issues or for security
vulnerabilities; or (h) any Software for which Cisco does not receive a license
fee.
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.
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 that number of agent(s), concurrent
users, sessions, IP addresses, port(s), seat(s), server(s) or site(s), as 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 ack
(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 ack
(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
General Terms Applicable to the Limited Warranty Statement and
End User License
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 ack
The Warranty and the End User
License shall be governed by and construed in accordance with the laws of the
State of
http://www.cisco.com/univercd/cc/td/doc/es_inpck/cetrans.htm
The following information is for FCC
compliance of Class A devices: This equipment has been tested and found to
comply with the limits for a Class A digital device, pursuant to part 15 of the
FCC rules. These limits are designed to provide reasonable protection against
harmful interference when the equipment is operated in a commercial
environment. This equipment generates, uses, and can radiate radio-frequency
energy and, if not installed and used in accordance with the instruction
manual, may cause harmful interference to radio communications. Operation of
this equipment in a residential area is likely to cause harmful interference,
in which case users will be required to correct the interference at their own
expense.
The following information is for FCC
compliance of Class B devices: The equipment described in this manual
generates and may radiate radio-frequency energy. If it is not installed in
accordance with Cisco's installation instructions, it may cause interference
with radio and television reception. This equipment has been tested and found
to comply with the limits for a Class B digital device in accordance with the
specifications in part 15 of the FCC rules. These specifications are designed
to provide reasonable protection against such interference in a residential
installation. However, there is no guarantee that interference will not occur
in a particular installation.
You can determine whether your
equipment is causing interference by turning it off. If the interference stops,
it was probably caused by the Cisco equipment or one of its peripheral devices.
If the equipment causes interference to radio or television reception, try to
correct the interference by using one or more of the following measures:
•
Turn
the television or radio antenna until the interference stops.
•Move
the equipment to one side or the other of the television or radio.
•Move
the equipment farther away from the television or radio.
•Plug
the equipment into an outlet that is on a different circuit from the television
or radio. (That is, make certain the equipment and the television or radio are
on circuits controlled by different circuit breakers or fuses.)
Modifications to this product not
authorized by Cisco could void the FCC approval and negate your authority to
operate the product.
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Learn is a service mark of Cisco Systems, Inc.; and Access Registrar, Aironet,
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Certified Internetwork Expert logo, Cisco IOS, Cisco Press, Cisco Systems,
Cisco Systems Capital, the Cisco Systems logo, Cisco Unity, Enterprise/Solver,
EtherChannel, EtherFast, EtherSwitch, Fast Step, Follow Me Browsing, FormShare,
GigaDrive, GigaStack, HomeLink, Internet Quotient, IOS, iPhone, IP/TV, iQ
Expertise, the iQ logo, iQ Net Readiness Scorecard, iQuick Study, LightStream,
Linksys, MeetingPlace, MGX, Networking Academy, Network Registrar, Packet,
PIX, ProConnect, RateMUX, ScriptShare, SlideCast, SMARTnet, StackWise, The
Fastest Way to Increase Your Internet Quotient, and TransPath are registered
trademarks of Cisco Systems, Inc. and/or its affiliates in the United States
and certain other countries.
All other trademarks mentioned in this document or Website are
the property of their respective owners. The use of the word partner does not
imply a partnership relationship between Cisco and any other company. (0612R)
© 2007 Cisco Systems, Inc. All rights reserved.