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End User Software License Agreement
USE SOFTWARE OR OTHERWISE AND EVEN IF CISCO OR ITS SUPPLIERS OR
LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ACQUIRED THIS SOFTWARE IN EUROPE, THE MIDDLE EAST, AFRICA,
ASIA OR OCEANIA, IN NO EVENT WILL CISCO, ITS AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, BE LIABLE
FOR ANY LOST REVENUE, LOST PROFIT, OR LOST OR DAMAGED DATA, BUSI-
NESS INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSE-
QUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, HOWSOEVER ARISING,
INCLUDING, WITHOUT LIMITATION, IN CONTRACT, TORT (INCLUDING NEGLI-
GENCE) OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SOFTWARE, EVEN IF, IN EACH CASE, CISCO, ITS AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT SOME
STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT FULLY APPLY TO YOU. THE FOREGOING WAIVER SHALL NOT APPLY TO
ANY LIABILITY ARISING OUT OF OR IN CONNECTION WITH: (I) DEATH OR PER-
SONAL INJURY, (II) FRAUDULENT MISREPRESENTATION, OR (III) CISCO'S LIA-
BILITY IN CONNECTION WITH ANY TERMS THAT CANNOT BE EXCLUDED
UNDER APPLICABLE LAW.
For all countries and regions referred to above, Customer agrees that the limitations of
liability and disclaimers set forth herein will apply regardless of whether Customer has
accepted the Software or any other product or service delivered by Cisco. Customer
acknowledges and agrees that Cisco has set its prices and entered into the Agreement
in reliance upon the disclaimers of warranty and the limitations of liability set forth
herein, that the same reflect an allocation of risk between the parties (including the risk
that a contract remedy may fail of its essential purpose and cause consequential loss),
and that the same form an essential basis of the bargain between the parties.
Controlling Law, Jurisdiction. If you acquired this Software in the United States, Latin
America, or the Caribbean, the Agreement and Hardware and Software warranties
("Warranties") are controlled by and construed under the laws of the State of California,
United States of America, notwithstanding any conflicts of law provisions; and the state
and federal courts of California shall have exclusive jurisdiction over any claim arising
under the Agreement or Warranties. If you acquired this Software in Canada, unless
expressly prohibited by local law, the Agreement and Warranties are controlled by and
construed under the laws of the Province of Ontario, Canada, notwithstanding any con-
flicts of law provisions; and the courts of the Province of Ontario shall have exclusive
jurisdiction over any claim arising under the Agreement or Warranties. If you acquired
this Software in Europe, the Middle East, Africa, Asia or Oceania (excluding Australia),
unless expressly prohibited by local law, the Agreement and Warranties are controlled
by and construed under the laws of England, notwithstanding any conflicts of law pro-
visions; and the English courts shall have exclusive jurisdiction over any claim arising
under the Agreement or Warranties. In addition, if this Agreement is controlled by the
laws of England, no person who is not a party to this Agreement shall be entitled to
enforce or take the benefit of any of its terms under the Contracts (Rights of Third Par-
ties) Act 1999. If you acquired this Software in Japan, unless expressly prohibited by
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