Licensing Information

Open Source Used In Cisco Nexus 3000 Series Switch 6.0(2)U4(1)
183
ANY LIABILITY FOR ANY EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT
LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE LICENSED WORK OR THE EXERCISE OF
ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION.
9. GOVERNING LAW AND LEGAL ACTION.
9.1. This License shall be governed by and construed in accordance with the laws of the Governing Jurisdiction
assigned in Part 3 of Exhibit A, without regard to its conflict of law provisions. No party may bring a legal action
under this License more than one year after the cause of the action arose. Each party waives its rights (if any) to a
jury trial in any litigation arising under this License. Note that if the Governing Jurisdiction is not assigned in Part 3
of Exhibit A, then the Governing Jurisdiction shall be the State of New York.
9.2. The courts of the Governing Jurisdiction shall have jurisdiction, but not exclusive jurisdiction, to entertain and
determine all disputes and claims, whether for specific performance, injunction, damages or otherwise, both at law
and in equity, arising out of or in any way relating to this License, including without limitation, the legality, validity,
existence and enforceability of this License. Each party to this License hereby irrevocably attorns to and accepts the
jurisdiction of the courts of the Governing Jurisdiction for such purposes.
9.3. Except as expressly set forth elsewhere herein, in the event of any action or proceeding brought by any party
against another under this License the prevailing party shall be entitled to recover all costs and expenses including
the fees of its attorneys in such action or proceeding in such amount as the court may adjudge reasonable.
10. MISCELLANEOUS.
10.1. The obligations imposed by this License are for the benefit of the Initial Contributor and any Recipient, and
each Recipient acknowledges and agrees that the Initial Contributor and/or any other Recipient may enforce the
terms and conditions of this License against any Recipient.
10.2. This License represents the complete agreement concerning subject matter hereof, and supersedes and
cancels all previous oral and written communications, representations, agreements and understandings between the
parties with respect to the subject matter hereof.
10.3. The application of the United Nations Convention on Contracts for the International Sale of Goods is
expressly excluded.
10.4. The language in all parts of this License shall be in all cases construed simply according to its fair meaning,
and not strictly for or against any of the parties hereto. Any law or regulation which provides that the language of a
contract shall be construed against the drafter shall not apply to this License.
10.5. If any provision of this License is invalid or unenforceable under the laws of the Governing Jurisdiction, it
shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action
by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision
valid and enforceable.