AXP Developer Use Agreement

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CISCO AXP Developer Contest Acceptable Use Agreement

PLEASE READ THIS ACCEPTABLE USE AGREEMENT (the "Agreement") CAREFULLY. THIS AGREEMENT GOVERNS YOUR USE OF THE CISCO AXP DEVELOPER CONTEST WEBSITE. IF YOU DO NOT ACCEPT ALL OR ANY PART OF THIS AGREEMENT, DO NOT ACCESS THE CISCO AXP DEVELOPER CONTEST WEBSITE OR WEBPAGES.

Scope

The Cisco AXP Developer Contest Web Site (the "Site") was developed by Cisco. The Site provides information to Contest participants and prospective participants interested in registering for or learning more about the Contest. Contest Information will be made available on the Site, however Users may also access third party links, made available on the Site, to collaborate with other participants ('Services"). Such third party sites are subject to their own terms and conditions of use. Cisco may modify, enhance, restrict or terminate the Services in its discretion at any time and without notice.

Rules and Regulations

This Agreement sets forth the legally binding terms for the Site and the Services. This Agreement covers all of your visits to the Site and your use of the Services. If you stop visiting the Site or stop using the Services, this Agreement remains in effect.

  1. Amendments/Other Terms. Cisco may elect to change or supplement the terms of this Agreement from time to time at its sole discretion. Cisco will exercise commercially reasonable efforts to provide notice of any material changes to the Agreement. Within five (5) days of posting changes to the Agreement, they will become effective. Users who do not agree with the changes should discontinue using the Site or Services. Users who visit the Site or use the Services after such five-day period will be deemed to have accepted the changes to the Agreement. In order to participate in certain Services, Users may be required to download software and/or agree to additional terms and conditions. Unless expressly set forth in such additional terms and conditions, those additional terms are hereby incorporated into this Agreement.
  2. If you become aware of misuse of the Site or Services, please contact ask-devcontest@cisco.com. Cisco may investigate any complaints and violations that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts. However, because situations and interpretations vary, we also reserve the right not to take any action. Cisco is not liable for errors or omissions in any Site data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any Site data or content.
  3. Laws and Reporting. The Site and the Services may be used only for lawful purposes. Cisco reserves the right to investigate and take appropriate action against anyone who, in Cisco's sole discretion, is suspected of violating this provision, including without limitation, reporting you to law enforcement authorities. Use of the Site or the Services is void where prohibited.

Eligibility

The Site and the Services are not intended for minors under the age of 18. Your access may be terminated without warning if we believe that you are underage.

Ownership /Licenses

  1. By providing any contest entries, proposal templates, text files, images, photos, video, sounds, works of authorship or other materials to the Site or using the Services ("User Content"), you hereby grant to Cisco, its affiliated companies and their vendors a world-wide, non-exclusive, royalty-free, sublicensable, license to use, compile, modify, publicly perform, publicly display, reproduce and distribute the User Content for the Site and/or the Services.
  2. The Site and the Services also include text files, images, photos, video, sounds, works of authorship or other content owned by or licensed to Cisco (the "Cisco Content"). Cisco owns and retains all rights in the Cisco Content and the Services, including all intellectual property rights therein. Cisco hereby grants Users a limited, revocable, non-sublicensable license to reproduce and display the Cisco Content (excluding any software code) solely for personal use to view the Site and otherwise as necessary to use the Services. Except as set forth above, nothing contained in this Agreement shall be construed as conferring by implication, estoppel or otherwise any license or right under any trade secret, patent, trademark, copyright or other intellectual property right of Cisco or any third party. All licenses not expressly granted by Cisco are reserved.

Copyright

By submitting User Content through the Site or Services (including Site email alias), you warrant and represent that you have all necessary rights or licenses to do so. You may not submit, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. Cisco may deny access to the Site or the Services any User who is alleged to infringe another party's copyright. Without limiting the foregoing, if you believe that your copyright has been infringed, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Cisco's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Cisco Systems, Inc., 170 West Tasman Drive, San Jose, CA 95134; Attn: Copyright Agent; and email: DMCAagent@cisco.com.

User Disputes

Candidates are solely responsible for job applications they submit to Partners. Each User is solely responsible for interactions with other Users. Cisco reserves the right, but has no obligation, to monitor disputes between you and other Users.

Privacy

If you use the Site or the Services, you acknowledge and agree that Cisco may collect personally identifiable information from you, and Cisco may use such information in accordance with the Cisco Privacy Statement, available here: http://www.cisco.com/web/siteassets/legal/privacy.html. Additionally, you understand and agree that Cisco may contact you via e-mail or otherwise with information relevant to your use of the Site or Services.

Additional Disclaimers

  1. Third Party Content. The Site may contain links to other websites. Cisco is not responsible for any content, messages or information on such websites. Such websites are in no way investigated, monitored or checked by Cisco. Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website by Cisco. When you access these third-party sites, you do so at your own risk. Cisco takes no responsibility for third party advertisements which may be posted on the Site or through the Services, nor does it take any responsibility for the goods or services provided by any advertisers.
  2. Technical Errors. Cisco assumes no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission of the Services or the Website. Cisco is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from using the Site or the Services.
  3. "AS IS." Cisco is not responsible for any job placement, career development, or other professional opportunities that may be presented, discussed, or referred to on the Site. Cisco is not involved in the hiring process between Partners and Candidates. Users should independently confirm the truth and accuracy of all information that you obtain from the Site before relying on any such information. TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, CISCO HAS NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE RESULTING FROM USE OF THE SITE, THE SERVICES, FROM ANY USER CONTENT POSTED ON OR THROUGH THE SERVICES, OR FROM THE CONDUCT OF ANY USERS, WHETHER ONLINE OR OFFLINE. THE SITE AND SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND CISCO EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CISCO DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER CONTENT OR COMMUNICATIONS BETWEEN USERS. CISCO CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR THE SERVICES. USE OF THE SITE OR THE SERVICES IS AT YOUR OWN RISK.

Indemnity

You agree to defend, indemnify and hold Cisco, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by party arising out of or related to: (i) your use of the Services or the Site; (ii) your breach of this Agreement; or (iii) your User Content.

Limitation on Liability

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL CISCO BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT DAMAGES, COSTS OF REPLACEMENT GOODS OR LOSS OF OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR SERVICES, EVEN IF CISCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CISCO'S LIABILITY TO YOU FOR ANY CAUSE(S) WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE THOUSAND DOLLARS (USD $1,000.00). THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN KINDS OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Disputes

If there is any dispute about or in any way involving the Site or the Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in or for the State of California, City of San Jose.

Costs and Fees

The Site and the Services are provided at no charge and User shall be solely responsible for any costs and expenses it incurs. You acknowledge and agree that Cisco may later require Users to pay a fee to continue to use the Services or to use the Site.

Trademarks

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Cisco or other third parties. You acknowledge and agree that you have no rights, title, or interest in or to the Marks and that you will not adopt, use, or attempt to register the Marks or any confusingly similar mark. Users receive no license to and are not permitted to use these Marks. Please see the complete list of Cisco Trademarks at http://www.cisco.com/web/siteassets/legal/trademark.html.

General

This Agreement constitutes the entire agreement between you and Cisco regarding the use of the Services and the Site. The failure of Cisco to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. The parties are independent contractors under this Agreement and no other relationship is intended, including a partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship. Neither party shall act in a manner which expresses or implies a relationship other than that of independent contractor, nor bind the other party.

This Acceptable Use Policy was last updated on October 14, 2008 and is effective immediately.