Cisco Learning Management System and Cisco Learning Network Store
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;
- 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.
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. In order 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: 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, as defined in Exhibit A, is governed by the terms contained in Cisco’s End User License Agreement (“EULA”), attached hereto as Exhibit A and 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) nonCisco 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.
15. Additional Disclaimers.
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.
This is an agreement between You and Cisco Systems, Inc. or its affiliates (“Cisco”) and governs your Use of Cisco Software. “You” and “Your” means the individual or legal entity licensing the Software under this EULA. “Use” or “Using” means to download, install, activate, access or otherwise use the Software. “Software” means the Cisco computer programs and any Upgrades made available to You by an Approved Source and licensed to You by Cisco. “Documentation” is the Cisco user or technical manuals, training materials, specifications or other documentation applicable to the Software and made available to You by an Approved Source. “Approved Source” means (i) Cisco or (ii) the Cisco authorized reseller, distributor or systems integrator from whom you acquired the Software. “Entitlement” means the license detail; including license metric, duration, and quantity provided in a product ID (PID) published on Cisco’s price list, claim certificate or right to use notification. “Upgrades” means all updates, upgrades, bug fixes, error corrections, enhancements and other modifications to the Software and backup copies thereof.
This agreement, any supplemental license terms and any specific product terms at www.cisco.com/go/softwareterms (collectively, the “EULA”) govern Your Use of the Software.
1. ACCEPTANCE OF TERMS
By Using the Software, You agree to be bound by the terms of the EULA. If you are entering into this EULA on behalf of an entity, you represent that you have authority to bind that entity. If you do not have such authority or you do not agree to the terms of the EULA, neither you nor the entity may Use the Software and it may be returned to the Approved Source for a refund within thirty (30) days of the date you acquired the Software or Cisco product. Your right to return and refund applies only if you are the original end user licensee of the Software.
- Subject to payment of the applicable fees and compliance with this EULA, Cisco grants You a limited, nonexclusive and non-transferable license to Use object code versions of the Software and the Documentation solely for Your internal operations and in accordance with the Entitlement and the Documentation. Cisco licenses You the right to Use only the Software You acquire from an Approved Source. Unless contrary to applicable law, You are not licensed to Use the Software on second-hand or refurbished Cisco equipment not authorized by Cisco, or on Cisco equipment not purchased through an Approved Source. In the event that Cisco requires You to register as an end user, Your license is valid only if the registration is complete and accurate. The Software may contain open source software, subject to separate license terms made available with the Cisco Software or Documentation.
- If the Software is licensed for a specified term, Your license is valid solely for the applicable term in the Entitlement. Your right to Use the Software begins on the date the Software is made available for download or installation and continues until the end of the specified term, unless otherwise terminated in accordance with this Agreement.
3. EVALUATION LICENSE
If You license the Software or receive Cisco product(s) for evaluation purposes or other limited, temporary use as authorized by Cisco (the “Evaluation Product”), Your Use of the Evaluation Product is only permitted for the period limited by the license key or otherwise stated by Cisco in writing. If no evaluation period is identified by the license key or in writing, then the evaluation license is valid for thirty (30) days from the date the Software or Cisco product is made available to You. You will be invoiced for the list price of the Evaluation Product if You fail to return or stop Using it by the end of the evaluation period. The Evaluation Product is licensed “AS-IS” without support or warranty of any kind, expressed or implied. Cisco does not assume any liability arising from any use of the Evaluation Product. You may not publish any results of benchmark tests run on the Evaluation Product without first obtaining written approval from Cisco. You authorize Cisco to use any feedback or ideas You provide Cisco in connection with Your Use of the Evaluation Product.
Cisco or its licensors retain ownership of all intellectual property rights in and to the Software, including copies, improvements, enhancements, derivative works and modifications thereof. Your rights to Use the Software are limited to those expressly granted by this EULA. No other rights with respect to the Software or any related intellectual property rights are granted or implied.
5. LIMITATIONS AND RESTRICTIONS
You will not and will not allow a third party to:
- transfer, sublicense, or assign Your rights under this license to any other person or entity (except as expressly provided in Section 12 below), unless expressly authorized by Cisco in writing;
- modify, adapt or create derivative works of the Software or Documentation;
- reverse engineer, decompile, decrypt, disassemble or otherwise attempt to derive the source code for the Software, except as provided in Section 16 below;
- make the functionality of the Software available to third parties, whether as an application service provider, or on a rental, service bureau, cloud service, hosted service, or other similar basis unless expressly authorized by Cisco in writing;
- Use Software that is licensed for a specific device, whether physical or virtual, on another device, unless expressly authorized by Cisco in writing;
- remove, modify, or conceal any product identification, copyright, proprietary, intellectual property notices or other marks on or within the Software; or
6. THIRD PARTY USE OF SOFTWARE
You may permit a third party to Use the Software licensed to You under this EULA if such Use is solely (i) on Your behalf, (ii) for Your internal operations, and (iii) in compliance with this EULA. You agree that you are liable for any breach of this EULA by that third party.
7. LIMITED WARRANTY AND DISCLAIMER
- Limited Warranty. Cisco warrants that the Software will substantially conform to the applicable Documentation for the longer of (i) ninety (90) days following the date the Software is made available to You for your Use or (ii) as otherwise set forth at http://www.cisco.com/go/warranty.. This warranty does not apply if the Software, Cisco product or any other equipment upon which the Software is authorized to be used: (i) has been altered, except by Cisco or its authorized representative, (ii) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Cisco, (iii) has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident; (iv) is licensed for beta, evaluation, testing or demonstration purposes or other circumstances for which the Approved Source does not receive a payment of a purchase price or license fee; or (v) has not been provided by an Approved Source. Cisco will use commercially reasonable efforts to deliver to You Software free from any viruses, programs, or programming devices designed to modify, delete, damage or disable the Software or Your data.
- Exclusive Remedy. At Cisco’s option and expense, Cisco shall repair, replace, or cause the refund of the license fees paid for the non-conforming Software. This remedy is conditioned on You reporting the nonconformance in writing to Your Approved Source within the warranty period. The Approved Source may ask You to return the Software, the Cisco product, and/or Documentation as a condition of this remedy. This Section is Your exclusive remedy under the warranty.
Except as expressly set forth above, Cisco and its licensors provide Software “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.
8. LIMITATIONS AND EXCLUSIONS OF LIABILITY
In no event will Cisco or its licensors be liable for the following, regardless of the theory of liability or whether arising out of the use or inability to use the Software or otherwise, even if a party been advised of the possibility of such damages: (a) indirect, incidental, exemplary, special or consequential damages; (b) loss or corruption of data or interrupted or loss of business; or (c) loss of revenue, profits, goodwill or anticipated sales or savings. All liability of Cisco, its affiliates, officers, directors, employees, agents, suppliers and licensors collectively, to You, whether based in warranty, contract, tort (including negligence), or otherwise, shall not exceed the license fees paid by You to any Approved Source for the Software that gave rise to the claim. This limitation of liability for Software is cumulative and not per incident. Nothing in this Agreement limits or excludes any liability that cannot be limited or excluded under applicable law.
9. UPGRADES AND ADDITIONAL COPIES OF SOFTWARE
Notwithstanding any other provision of this EULA, You are not permitted to Use Upgrades unless You, at the time of acquiring such Upgrade:
- already hold a valid license to the original version of the Software, are in compliance with such license, and have paid the applicable fee for the Upgrade; and
- limit Your Use of Upgrades or copies to Use on devices You own or lease; and
- unless otherwise provided in the Documentation, make and Use additional copies solely for backup purposes, where backup is limited to archiving for restoration purposes.
During the license term for the Software and for a period of three (3) years after its expiration or termination, You will take reasonable steps to maintain complete and accurate records of Your use of the Software sufficient to verify compliance with this EULA. No more than once per twelve (12) month period, You will allow Cisco and its auditors the right to examine such records and any applicable books, systems (including Cisco product(s) or other equipment), and accounts, upon reasonable advanced notice, during Your normal business hours. If the audit discloses underpayment of license fees, You will pay such license fees plus the reasonable cost of the audit within thirty (30) days of receipt of written notice.
11. TERM AND TERMINATION
This EULA shall remain effective until terminated or until the expiration of the applicable license or subscription term. You may terminate the EULA at any time by ceasing use of or destroying all copies of Software. This EULA will immediately terminate if You breach its terms, or if You fail to pay any portion of the applicable license fees and You fail to cure that payment breach within thirty (30) days of notice. Upon termination of this EULA, You shall destroy all copies of Software in Your possession or control.
You may only transfer or assign these license rights to another person or entity in compliance with the current Cisco Relicensing/Transfer Policy.. Any attempted transfer or, assignment not in compliance with the foregoing shall be void and of no effect.
13. U.S. GOVERNMENT END USERS
The Software and Documentation are "commercial items," as 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 12.211 (Technical Data) and FAR 12.212 (Computer Software) and Defense Federal Acquisition Regulation Supplement (“DFAR”) 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 EULA may be incorporated, Government end users will acquire the Software and Documentation with only those rights set forth in this EULA. Any license provisions that are inconsistent with federal procurement regulations are not enforceable against the U.S. Government.
Cisco Software, products, technology and services are subject to local and extraterritorial export control laws and regulations. You and Cisco each will comply with such laws and regulations governing use, export, re-export, and transfer of Software, products and technology and will obtain all required local and extraterritorial authorizations, permits or licenses. Specific export information may be found at:http://tools.cisco.com/legal/export/pepd/Search.do
Sections 4, 5, the warranty limitation in 7(a), 7(b) 7(c), 8, 10, 11, 13, 14, 15, 17 and 18 shall survive termination or expiration of this EULA.
To the extent required by applicable law, Cisco shall provide You with the interface information needed to achieve interoperability between the Software and another independently created program. Cisco will provide this interface information at Your written request after you pay Cisco’s licensing fees (if any). You will keep this information in strict confidence and strictly follow any applicable terms and conditions upon which Cisco makes such information available.
17. GOVERNING LAW, JURISDICTION AND VENUE
If You acquired the Software in a country or territory listed below, as determined by reference to the address on the purchase order the Approved Source accepted or, in the case of an Evaluation Product, the address where Product is shipped, this table identifies the law that governs the EULA (notwithstanding any conflict of laws provision) and the specific courts that have exclusive jurisdiction over any claim arising under this EULA.
|Country or Territory||Governing Law||Jurisdiction and Venue|
|United States, Latin America or the Caribbean||State of California, United States of America||Federal District Court, Northern District of California or Superior Court of Santa Clara County, California|
|Canada||Province of Ontario, Canada||Courts of the Province of Ontario, Canada|
|Europe (excluding Italy), Middle East, Africa, Asia (excluding Japan and China) or Oceana (excluding Australia)||Laws of England||English Courts|
|Japan||Laws of Japan||Tokyo District Court of Japan|
|Australia||Laws of the State of New South Wales||State and Federal Courts of New South Wales|
|Italy||Laws of Italy||Court of Milan|
|China||Laws of the People’s Republic of China||Hong Kong International Arbitration Center|
|All other countries or territories||State of California||State and Federal Courts of California|
The parties specifically disclaim the application of the UN Convention on Contracts for the International Sale of Goods. In addition, no person who is not a party to the EULA shall be entitled to enforce or take the benefit of any of its terms under the Contracts (Rights of Third Parties) Act 1999. Regardless of the above governing law, 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 of this EULA is found to be void or unenforceable, the remaining provisions of the EULA shall remain in full force and effect. Except as expressly stated or as expressly amended in a signed agreement, the EULA constitutes the entire agreement between the parties with respect to the license of the Software and supersedes any conflicting or additional terms contained in any purchase order or elsewhere, all of which terms are excluded. The parties agree that the English version of the EULA will govern in the event of a conflict between it and any version translated into another language.
Cisco and the Cisco logo are trademarks or registered trademarks of Cisco and/or its affiliates in the U.S. and other countries. To view a list of Cisco trademarks, go to this URL: www.cisco.com/go/trademarks. Third-party trademarks mentioned 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. (1110R).
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.
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
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).
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.
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.