B-37
Installing Management Center for Cisco Security Agents 5.2
78-17916-01
Appendix B Third Party Copyright Notices
8.3. If You assert a patent infringement claim against Participant alleging that
such Participant's Contributor Version directly or indirectly infringes any
patent where such claim is resolved (such as by license or settlement) prior
to the initiation of patent infringement litigation, then the reasonable value of
the licenses granted by such Participant under Sections 2.1 or 2.2 shall be
taken into account in determining the amount or value of any payment or
license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user
license agreements (excluding distributors and resellers) which have been
validly granted by You or any distributor hereunder prior to termination shall
survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR
OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER
CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR
ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR
ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE
EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a "commercial item," as that term is defined in 48
C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and
"commercial computer software documentation," as such terms are used in 48
C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R.
227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users
acquire Covered Code with only those rights set forth herein.
11. MISCELLANEOUS.
