Cisco Learning Management System and Cisco Learning Network Store
Terms of Use
PLEASE READ THIS CISCO LEARNING MANAGEMENT SYSTEM AND CISCO LEARNING NETWORK STORE TERMS OF USE AND END USER LICENSE AGREEMENT (the "Agreement") CAREFULLY.
BY PRESSING "I AGREE" YOU ARE BINDING YOURSELF AND THE BUSINESS ENTITY THAT YOU REPRESENT (COLLECTIVELY, "YOU" OR "USER") TO THIS AGREEMENT WITH CISCO SYSTEMS, INC., OR ITS AFFILIATES ("WE" or "CISCO"). CISCO IS WILLING TO LICENSE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT ACCEPT ALL OR ANY PART OF THIS AGREEMENT, DO NOT PRESS "I AGREE" OR OTHERWISE ACCESS THE CISCO LEARNING MANAGEMENT SYSTEM AND CISCO LEARNING NETWORK STORE WEBSITES OR WEB PAGES, OR DOWNLOAD OF USE ANY SOFTWARE, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE.
1. Background. The Cisco Learning Management System web site, Cisco Learning Network Store web site and/or web pages sponsored by Cisco Inc. (collectively the "Site") is/are developed by or for Cisco. The Site enables Users to purchase and use a variety of products ("Products") and services ("Services"), including but not limited to the following:
- Self-assessment tools;
- Instructor led courses;
- Whitepapers and other documents with digital rights management ("DRM") or without DRM;
- Mentoring services;
- Web-based classes with interactive information or status information;
- Lab services; and,
- Instruction Materials.
In connection with the Products and Services, you may be tasked with participating in training activities such as lectures, online self-studies, and hands-on labs, and may be asked to take one or more preliminary practical assessments tests (each a "Test"). Each Test is intended to measure your skill level and proficiency in using and supporting Cisco products.
2. Privacy. Use of the Site, Products and Services is also subject to our Privacy Statement, located at http://www.cisco.com/web/siteassets/legal/privacy.html which is incorporated into this Agreement by this reference. Additionally, you understand and agree that Cisco may contact you via e-mail or otherwise with administrative information relevant to your use of the Site, Products or Services. You also agree to have your name and/or email address listed in the header of certain communications you initiate through the Site, Products and Services.
2.1. Children’s Privacy. Cisco does not knowingly collect Personal Information from children under the age of 13. If we learn that we have collected Personal Information on a child under the age of 13, we will delete that data from our systems. Cisco encourages parents and guardians to go online with their children. Here are a few tips to help make a child’s online experience safer:
- Teach children never to give Personal Information (such as name, address, phone number, school, etc.) unless supervised by a parent or responsible adult.
- Know the sites your children are visiting and which sites are appropriate.
- Look for website privacy policies. Know how your child’s information is treated.
Please visit the FTC’s website for more tips on protecting children’s privacy online.
3. Eligibility. You affirm that you are 14 years of age or older. The Site and the Services are not available to minors under the age of 14 or to any users suspended or removed from the system by Cisco for any reason. Your access may be terminated without warning if we believe that you are underage. You represent (i) you are at least 14 years of age; (ii) you have read and accept the terms and conditions of this Agreement; (iii) your parent or legal guardian has consented to you using, accessing and/or participating in the Site and Services and to providing your personal information for your Account; and (iv) your parent or legal guardian has read and understands this Agreement.
4. Copyright.
a. Ownership.
All content included in the Site, such as text, graphics, logos, images, video clips, audio clips, digital downloads, data compilations, and software ("collectively Content"), is the property of Cisco or its content suppliers and is protected by United States and international copyright laws. The compilation of all Content on this site is the exclusive property of Cisco and protected by U.S. and international copyright laws. All software used on this site is the property of Cisco or its software suppliers and protected by United States and international copyright laws.
b. License to Access and Use Site.
Cisco hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Cisco Content (excluding any software code, which is subject to the End User License terms set out below in Section 12) solely for your personal use to view the Site and otherwise as necessary to use the Products and Services. With the exception of authorized Cisco Learning Partners, this license does not grant any User the right to resell any Product, Service or content available on this Site. In addition, this license does not permit the commercial use of the Site; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Cisco. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cisco without express written consent. You may not use any meta tags or any other "hidden text" utilizing Cisco´s business name or trademarks without Cisco’s express written consent. Any unauthorized use terminates the permission or license granted to you by Cisco. 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.
5. 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 a list of Cisco Trademarks at http://cisco.com/web/siteassets/legal/trademark.html.
6. Rules and Regulations. This Agreement sets forth the legally binding terms for the Site, Products and Services. This Agreement covers all of your visits to the Site and any use of the Products and/or Services. If you stop visiting the Site or stop using the Products or Services, this Agreement remains in effect.
a. Amendments. 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 to you of any material changes to the Agreement. Within three (3) business days of posting changes to the Agreement, they will be binding upon you. If you do not agree with the changes, you should discontinue using the Site or any Services. If you continue using the Site or Services after such three-business-day period, you will have accepted the changes to the terms of this Agreement.
b. Other Terms. To use certain Products or participate in certain Services, you may be notified that you are required to download software and/or agree to additional terms and conditions. Unless expressly set forth otherwise in such additional terms and conditions, those additional terms are hereby incorporated into this Agreement.
c. Laws and Reporting. You may not use the Site, Products or Services in any manner inconsistent with applicable law or for any illegal purpose, including but not limited to conspiring to violate laws or regulations. Recognizing the global nature of the Internet, you also agree to comply with applicable local rules or codes of conduct (including codes imposed by your employer) regarding online behavior. Use of the Site, Products and Services is void where prohibited.
d. Product Reviews. Cisco wants to provide customers the opportunity to share their experiences about products on the Cisco Learning Network store. All reviews are voluntary and Cisco does not provide any compensation or incentives for leaving reviews. Visitors may provide feedback or complete surveys on the store, or leave comments about reviews. Only customers who have actually purchased products on the Cisco Learning Network store may submit reviews about these products, provided that the content is not illegal, infringing, obscene, threatening, defamatory, injurious to a third party, or are otherwise falsified or wholly unrelated to the product. Comments may not contain software viruses, solicit commercially or include any form of spam. You may not use a phony e-mail address, impersonate another person or entity or otherwise mislead as to the origin of the review. Cisco reserves the right (but not the obligation) to remove content deemed in violation of these policies or otherwise pursuant to a third party claim or a court or regulatory order. It is your responsibility to check the policies before posting comments as they are subject to change from time to time without specific notice to you.
e. Returns and Guarantees
Returns: Notwithstanding anything to the contrary herein, all purchases made using Cisco Learning Credits are non-cancelable and non-refundable. When you request a refund for an item you have purchased before delivery has been completed or accepted, it is generally considered a return. In the case of an electronically downloaded product or online application, this is a request for a refund prior to you receiving or accessing the product. For scheduled offers, like classes, you will not have taken the class, and you must meet drop policy conditions. In the case of a physical product, you may not have received the item or the item may have arrived in a damaged condition. In these cases, please contact customer service as soon as possible. The drop policy for scheduled classes require that reschedules or refunds are only granted if you contact customer service and request to be dropped prior to 14 days before the class begins. If you request to be dropped at 14 days or less before class beginning, we cannot refund your money, but may offer you an alternative class date and location, if available. To return an unused item or service, we require that your make your request to us by contacting customer service within 30 days of purchase. We will refund your money once we have validated that you have not accessed your product, or that you meet the class drop policies, or once we have received your return shipment to us. You may be responsible for return shipping charges. If you have decided that you have purchased the wrong product or the wrong quantity, do not use your product, and contact customer service immediately. Returns completed within the same business day may be considered a cancelled sale rather than a return. We will make the best effort to refund your money in the same method and to the same account you used to pay for your purchase, and refund processing usually begins within 48 hours (United States Pacific Time) of your request. The one exception is United States wire transfers. If you paid using wire transfer from a U.S. bank, we will attempt to refund your money via check to the billing address and contact provided within the order. If you wish to receive a return wire transfer instead, you must request that at the time of your refund request. Note that wire transfer funds are nonrefundable from both your bank and ours, and therefore, you will be responsible for both sending and receiving fees a second time, and we will deduct our fees (US $30) from your refund. If you are an international customer that paid by wire transfer requesting a refund, by default, we will return your funds to you via wire transfer, with the US $30 transfer fee deducted from your refund. If you would prefer to receive a check for your refund, please request a check when you make your request for refund, and we will send it to the billing address and contact information that you provided in the order.
Guarantees: If you request a refund after downloading files, accessing an application, taking a class or receiving and using a physical product, this is generally considered a request for a guarantee refund. The Cisco Learning Network Store team would like you to have the best possible experience with the products and services you buy. While each product or service may have its own specific return and guarantee policies, the store generally does not grant refunds on products that have already been used. If you have a problem with your product or service, we recommend you contact us so that we can help resolve the issue. For questions or concerns, please contact our customer service team.
7. Cisco.com (CCO) User Name and Password. In order to use the Site, Products and Services, you may need to obtain a CCO ID at www.cisco.com. During the CCO registration process, you will be asked to select a screen name ("CCO ID") and password. You will use this CCO ID and/or password to access and make purchases through the Site. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the CCO ID or password of another User at any time or to disclose your password to any third party. Notwithstanding the foregoing, if you are provided an option to purchase Products or Services on behalf of an employee or contractor providing us with the CCO ID of the persons on whose behalf the purchase is being made such that we can process the order will not be considered a violation of this Section 7. You agree to notify Cisco immediately if you suspect any unauthorized use of your account or access to your password. You are fully responsible for all activities conducted through or under your login information (username and/or password).
8. Subscription Periods; Access to Services.
a. Certain Products and Services are offered on a subscription basis. The subscription period for any Product or Service will be set out in the Product or Service listing on the Site ("Subscription Period"). The fee paid entitles you to access the Product or Service for the Subscription Period. Your access to the Product or Service will terminate at the end of the Subscription Period regardless of whether you have accessed the Product or Service. Access to certain Services, such as lab time or mentoring services, may be subject to use of an online scheduling system and may be limited during peak volume times, at Cisco’s sole discretion.
b. Your subscription purchase may include enrollment in the Auto Renew Service, which allows you to maintain your product subscription and keep track of your progress. By enrolling in the Auto Renew Service, you authorize both Cisco and Cisco’s authorized third-party vendor for the order and fulfillment services for the Cisco Learning Network Store, to automatically charge the then-current renewal subscription fee to your credit card with no action by you before the end of your product subscription term. You may cancel the Auto Renew Service by going to the "Renewals" page, where you will find the details of your subscription, and setting Auto Renew to "OFF". You will receive an email acknowledgement of your cancellation of this service.
9. Your Records. Cisco may keep records of the results of your use of the Services and your performance in any Tests (collectively "Records"), and will use and disclose such Records as described below:
a. Group Performance Reports. If your employer or the company for which you work purchased Services on behalf of a group of employees or contractors of which you are part, then we may use information from your Records in aggregate form to generate reports of how the group as a whole is performing. Cisco will not be responsible or liable to you for any actions by your employer or any other third party arising as a result of any such disclosure.
b. Mentors. If you are participating in a Service through which you are assigned a Cisco Learning Network ("CLN") Partner mentor ("Mentor"), your Mentor will be provided with your name and the contact information provided to us when you signed up (or your employer/entity for whom you worked signed you up) for the Service. In addition, in order to provide you with effective guidance and feedback your Mentor shall have the same access to your Records as you.
10. Mentoring Services.
a. Cisco Learning Network Partners. The Services offered through the Site include mentoring services offered through one or more of our Cisco Learning Network Partners. You acknowledge and agree that the Cisco Learning Network Partners and individual Mentors are our vendors and are Cisco’s independent contractors, and no other relationship exists as between Cisco and the Cisco Learning Network Partners and/or individual Mentors, including a legal partnership, franchise, joint venture, agency, employer/employee, fiduciary, master/servant relationship, or other special relationship.
b. Interaction with Mentors. The mentoring services are professional services intended to provide you with an additional layer of support in navigating and using the Site, Products and Services. Use common sense when interacting with your Mentor. Interactions should be professional. Any additional contact information or personal information that you choose to provide directly to your Mentor is your responsibility.
11. Disclaimer Regarding Self-Assessment Tools. From time to time we may make available to you certain software tools ("Tools") for download and/or use on the Site. These Tools are intended to provide general guidance in evaluating a variety of information such as performing self-assessments of your skill and knowledge concerning the use of Cisco products. The Tools are not intended to provide business, legal, accounting, tax, or other professional advice. The Tools are not intended as a substitute for your own judgment or for that of your own professional advisors. Use of the Tools may not be error-free. While Cisco, our licensors or suppliers have attempted to include useful data, assumptions and formulae in the Tool, Cisco, our licensors or suppliers are not responsible for any results from using or misusing the Tool.
12. End User License Terms. Subject to Section 121.a below, Your use of Software is governed by the terms contained in Cisco’s End User License Agreement (“EULA”), including any Product Specific Terms, incorporated into the Agreement by this reference.
a. For non-Cisco branded products and/or services delivered in connection with this Agreement: (i) third-party software and related documentation is separately licensed by the applicable third party, and User’s rights and responsibilities with respect to such software or documentation shall be governed in accordance with the third party licensor’s applicable software license; (ii) non-Cisco branded products shall be governed by the applicable third party’s product terms; and (iii) non-Cisco branded services and support shall be governed by the applicable third party’s services and support terms. If You choose to order non-Cisco branded products and/or services, You shall enter into one or more separate “click-accept” agreements or other third party agreements as part of the ordering, fulfilment, installation and/or download processes for such non-Cisco branded products and services. For the avoidance of doubt, the third-party supplier of non-Cisco branded products and services shall be solely responsible for support, warranties, indemnities and other terms and conditions applicable to such products and services. Such agreements shall supersede this Agreement with respect to such non-Cisco branded products and services.
b. You shall notify Cisco promptly of any breach or suspected breach of the Cisco EULA or third-party license and further agrees that it will, at Cisco’s request, assist Cisco in efforts to preserve Cisco’s or its supplier’s intellectual property rights including pursuing an action against any breaching third parties.
13. 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, NONINFRINGEMENT, 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 YOU SPECIFIC LEGAL RIGHTS, AND YOU 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.
14. DMCA Notice. Cisco respects the intellectual property rights of others. If you believe that your copyright has been infringed by any Content on the Site, 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: Office of the General Counsel, Cisco Systems, Inc., 170 West Tasman Drive, San Jose, CA 95134; Attn: Copyright Agent; and email: DMCAagent@cisco.com. In the event your content is removed pursuant to this process, you will receive information on how to file a Counter-Notice. Note: Notices and Counter-Notices are legal notices distinct from regular Site activities or communications. As such, they are not subject to Cisco’s Privacy Policy. This means Cisco may publish or share them with third parties at our discretion, and Cisco may produce them pursuant to a legal discovery request.
15. Additional Disclaimers.
a. Third-Party Content. The Site may contain links to other websites as well as third-party advertising. Cisco is not responsible for any content, messages or information on such websites or advertising. Such websites and advertising are in no way investigated, monitored, or checked by Cisco unless actively sold through the CLN Store. Inclusion of any linked websites and third-party advertising does not imply approval or endorsement by Cisco of the linked websites, products, services, or related advertising. When you access third-party websites through links, banner ads or otherwise you do so at your own risk. When leaving the Site, please read the website terms and the privacy policy applicable to such website to ensure you understand and agree with the terms applicable to that website.
b. Technical Errors. 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.
c. Product and Service Descriptions. Cisco attempts to be as accurate as possible in the product and service descriptions provided at the Site. However, Cisco does not warrant that product or service descriptions, or other content of the Site is accurate, complete, reliable, current, or error-free. If a product or service offered by Cisco itself is not as described, your sole remedy is to remove the downloaded Software and Documentation from your system and/or cancel your subscription (as applicable) and contact Cisco. Cisco may provide a refund or store credit, on a full or pro-rated basis, in its sole discretion. For further information refer to the CLN Store policies and FAQ page.
d. "AS IS".TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, CISCO SHALL HAVE NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE RESULTING FROM USE OF THE SITE OR THE SERVICES. 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 CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE OR THE SERVICES. USE IS AT YOUR OWN RISK.
16. 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, arising out of or related to: (i) your use of the Services or the Site; or (ii) your breach of this Agreement.
17. 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.
18. Disputes. If there is any dispute about or in any way involving the Site, Products, 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, without reference to or application of choice of law rules or principles. The United Nations Convention on the International Sale of Goods shall not apply. 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.
19. Term and Termination. This Agreement and the license granted herein shall remain effective until terminated. You may terminate the license at any time by destroying all copies of Software and any Documentation. Your rights under this Agreement will terminate immediately without notice from Cisco if you fail to comply with any provision of this Agreement. Upon termination of this Agreement, you shall destroy all copies of Software and Documentation in your possession or control. All of your confidentiality obligations to Cisco and all limitations of liability and disclaimers and restrictions of warranty shall survive termination of this Agreement. In addition, the provisions of the sub-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.
20. General. This Agreement constitutes the entire agreement between you and Cisco regarding the use of the Products, 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. This Agreement has been written in the English language, and the parties agree that the English version will govern. 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.
IMPORTANT: READ CAREFULLY
This Supplemental End User License Agreement (Supplement) contains additional terms and conditions for the Software product licensed under the End User License Agreement (EULA) between You and Cisco. Capitalized terms used in this Supplement but not defined will have the meanings assigned to them in the EULA. To the extent that there is a conflict between the terms and conditions of the EULA and this Supplement, the terms and conditions of this Supplement will take precedence.
In addition to the limitations set forth in the EULA on Your Use of the Software, You agree to comply at all times with the terms and conditions provided in this Supplement, including any restrictions on Use of the Software. BY DOWNLOADING, INSTALLING, OR USING THE SOFTWARE, YOU ARE BINDING YOURSELF AND THE BUSINESS ENTITY THAT YOU REPRESENT TO THE SUPPLEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE SUPPLEMENT, 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 AND APPLIES ONLY IF YOU ARE THE ORIGINAL END USER PURCHASER.
Software: Cisco Modeling Labs - Personal.
Cisco Modeling Labs - Personal (CML-Personal) is a network virtualization and orchestration platform that enables the development of highly accurate models of existing or planned networks. CML-Personal is a community supported product.
Additional Definitions.
Cisco Virtualization Reference Platform means, with respect to this Supplement, a commercially available Cisco IOS image that runs on virtual machines created by the software. They include Cisco IOSv images bundled within the software and other commercially available IOS products, such as, but not limited to, Cisco CSR-1000v and IOS XRv. The compatible Cisco IOS image and products and their versions are those specified in the latest product documentation. Node means, with respect to CML-Personal on the Cisco Learning Network Store, a virtual network device being simulated using a Cisco Virtual Reference Platform(s) running on a virtual machine orchestrated by the Software application
License.
Conditioned upon compliance with the terms and conditions of the Agreement, Cisco grants to You a nonexclusive, nontransferable and non-sublicenseable license to Use the Software and Documentation for Your internal business purposes provided that You have paid the required license and/or subscription fee. This license is limited to Use of the Software within a lab or testing environment and not on a production network. Documentation means information (whether contained in user or technical manuals, training materials, specifications, videos or otherwise) pertaining to the Software and made available by Cisco with the Software in any manner (including on CD-ROM or online). In order to Use the Software, You may be required to input a registration number or product authorization key and register Your copy of the Software online at Cisco website to obtain the necessary license key or license file.
No Requirement to Use with Cisco Equipment.
Notwithstanding the license grant in the EULA, there is no requirement that the Software be used solely as embedded in, for execution on, or for communication with Cisco equipment owned or leased by You.
Additional Restrictions on Use.
The Software and Documentation is made available to You exclusively on the Cisco Learning Network Store and is intended for Your internal business use only. You warrant that You are the end user of the Software and Documentation. You are prohibited from: (a) copying the Software onto any public or distributed network; (b) using the Software to operate in or as a time-sharing, outsourcing, service bureau, application service provider or managed service provider environment; (c) using components of the Software including, but not limited to the Cisco Virtualization Reference Platforms, independently; (d) changing any proprietary rights notices which appear in the Software; or (e) modifying the Software (except where and to the extent such prohibition is prohibited by law).
Warranty Disclaimer.
Cisco and its licensors provide CML-Personal “as is” and expressly disclaim all warranties, conditions or other terms, whether express, implied or statutory, including without limitation, warranties, conditions or other terms regarding merchantability, fitness for a particular purpose, design, condition, capacity, performance, title, and non-infringement. Cisco does not warrant that the Software will operate uninterrupted or error-free or that all errors will be corrected. In addition, 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.
Third-Party Suppliers.
You acknowledge that all third party licensors and suppliers retain all right, title and interest in third party software and all copies thereof, including all copyright and other intellectual property rights
Open-Source Technology.
You acknowledge that the Software is subject to certain open source licenses that are referenced in the Software product documentation.
Transferability.
This license is non-transferable except as authorized in writing by Cisco. In the event of any such approved transfer You shall: (a) require the transferee to comply with any transfer terms imposed by Cisco and to deliver all copies of the Software to the transferee along with the Agreement, (b) require the transferee to accept the terms and conditions of the Agreement as a condition to any transfer, and (c) terminate Your Use of the Software upon the transfer.
Data Collection and Analytics.
Cisco may collect data and analytics for the purpose of Cisco product improvement and feature development. This may include data collected from Software used on equipment and software deployed by You. Please visit Cisco’s Privacy Statement governing the use of Your data or personal information.