Cisco D9854 Installation And Operation Manual page 329

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
Customer 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 provisions 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 business hours to verify compliance with this Agreement.
In the event such audit discloses non-compliance with this Agreement, Customer shall promptly pay to Cisco the
appropriate license fees, plus the reasonable cost of conducting the audit.
Export, Re-Export, Transfer and Use Controls. The Software, Documentation and technology or direct products
thereof (hereafter referred to as Software and Technology), supplied by Cisco under the Agreement are subject to
export controls under the laws and regulations of the United States (U.S.). Customer shall comply with such laws
and regulations governing export, re-export, transfer and use of Cisco Software and Technology and will obtain
all required U.S. and local authorizations, permits, or licenses. Cisco and Customer each agree to provide the
other information, support documents, and assistance as may reasonably be required by the other in connection
with securing authorizations or licenses. Information regarding compliance with U.S. export, re-export, transfer
and use may be located at the following URL:http://www.cisco.com/wwl/export/compliance_provision.html.
U.S. Government End User Purchasers. The Software and Documentation qualify as "commercial items," as
that term is 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 12.212 and DoD FAR Supp. 227.7202-1 through 227.7202-4, and notwithstanding any
other FAR or other contractual clause to the contrary in any agreement into which the Agreement may be
incorporated, Customer may provide to Government end user or, if the Agreement is direct, Government end
user will acquire, the Software and Documentation with only those rights set forth in the Agreement. Use of
either the Software or Documentation or both constitutes agreement by the Government that the Software and
Documentation are "commercial computer software" and "commercial computer software documentation," and
constitutes acceptance of the rights and restrictions herein.
Disclaimer of Liabilities. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF
ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL CISCO OR ITS SUPPLIERS BE
LIABLE FOR ANY LOST REVENUE, PROFIT, OR LOST OR DAMAGED DATA, BUSINESS
INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY
OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE OR
OTHERWISE AND EVEN IF CISCO OR ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
In no event shall Cisco's or its suppliers' or licensors' liability to Customer, whether in contract, tort (including
negligence), breach of warranty, or otherwise, exceed the price paid by Customer for the Software that gave rise
to the claim or if the Software is part of another Product, the price paid for such other Product. BECAUSE SOME
STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 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.
4021470 Rev D Model D9854 Advanced Program Receiver Installation and Operation Guide F-3