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End User Software License Agreement
(iv) Use or permit the Software to be used to perform services for third parties,
whether on a service bureau or time sharing basis or otherwise, without the
express written authorization of Cisco; or
(v) Disclose, provide, or otherwise make available trade secrets contained within
the Software and Documentation in any form to any third party without the prior
written consent of Cisco. Customer shall implement reasonable security mea-
sures to protect such trade secrets.
To the extent required by applicable law, and at Customer's written request, Cisco shall
provide Customer with the interface information needed to achieve interoperability
between the Software and another independently created program, upon payment of
Cisco's applicable fee, if any. Customer shall observe strict obligations of confidentiality
with respect to such information and shall use such information in compliance with any
applicable terms and conditions upon which Cisco makes such information available.
Software, Upgrades and Additional Copies. For purposes of the Agreement, "Software"
shall include (and the terms and conditions of the Agreement shall apply to) computer
programs, including firmware, as provided to Customer by Cisco or an authorized Cisco
reseller, and any upgrades, updates, bug fixes or modified versions thereto (collec-
tively, "Upgrades") or backup copies of any of the foregoing. NOTWITHSTANDING
ANY OTHER PROVISION OF THE AGREEMENT: (1) CUSTOMER HAS NO
LICENSE OR RIGHT TO MAKE OR USE ANY ADDITIONAL COPIES OR
UPGRADES UNLESS CUSTOMER, AT THE TIME OF MAKING OR ACQUIRING
SUCH COPY OR UPGRADE, ALREADY HOLDS A VALID LICENSE TO THE ORIGI-
NAL SOFTWARE AND HAS PAID THE APPLICABLE FEE FOR THE UPGRADE OR
ADDITIONAL COPIES; (2) USE OF UPGRADES IS LIMITED TO CISCO EQUIPMENT
FOR WHICH CUSTOMER IS THE ORIGINAL END USER PURCHASER OR LESSEE
OR OTHERWISE HOLDS A VALID LICENSE TO USE THE SOFTWARE WHICH IS
BEING UPGRADED; AND (3) THE MAKING AND USE OF ADDITIONAL COPIES IS
LIMITED TO NECESSARY BACKUP PURPOSES ONLY.
Proprietary Notices. Customer agrees to maintain and reproduce all copyright and
other proprietary notices on all copies, in any form, of the Software in the same form
and manner that such copyright and other proprietary notices are included on the Soft-
ware. Except as expressly authorized in the Agreement, Customer shall not make any
copies or duplicates of any Software without the prior written permission of Cisco.
Term and Termination. The Agreement and the license granted herein shall remain
effective until terminated. Customer may terminate the Agreement and the license at
any time by destroying all copies of Software and any Documentation. Customer's
rights under the Agreement will terminate immediately without notice from Cisco if Cus-
tomer fails to comply with any provision of the Agreement. Upon termination, Customer
shall destroy all copies of Software and Documentation in its possession or control. All
confidentiality obligations of Customer and all limitations of liability and disclaimers and
restrictions of warranty shall survive termination of this Agreement. In addition, the pro-
visions of the sections titled "U.S. Government End User Purchasers" and "General
Terms Applicable to the Limited Warranty Statement and End User License Agreement"
shall survive termination of the Agreement.
Customer Records. Customer grants to Cisco and its independent accountants the
right to examine Customer's books, records and accounts during Customer's normal
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