Licensing Information

Open Source Used In Cisco Nexus 3000 Series Switch 5.0(3)U5(1j)

be used to specify the nature of the description or attribution requirements, as the case may be. Any provision in a

Supplement File that otherwise purports to modify, vary, nullify or amend any right, obligation or representation

contained herein shall be deemed void to that extent, and shall be of no force or effect.

4. COMMERCIAL USE AND INDEMNITY.

4.1. COMMERCIAL SERVICES.

A Recipient ("COMMERCIAL RECIPIENT") may choose to offer, and to charge a fee for, warranty, support,

indemnity or liability obligations (collectively, "SERVICES") to one or more other Recipients or Distributors.

However, such Commercial Recipient may do so only on that Commercial Recipient's own behalf, and not on behalf

of any other Distributor or Recipient, and Commercial Recipient must make it clear than any such warranty, support,

indemnity or liability obligation(s) is/are offered by Commercial Recipient alone. At no time may Commercial

Recipient use any Services to deny any party the Licensed Work in Source Code or Executable form when so

required under any of the other terms of this License. For greater certainty, this Section 4.1 does not diminish any of

the other terms of this License, including without limitation the obligation of the Commercial Recipient as a

Distributor, when distributing any of the Licensed Work in Source Code or Executable form, to make such

distribution royalty-free (subject to the right to charge a fee of no more than the cost of physically performing

Source Code or Executable distribution (as the case may be)).

4.2. INDEMNITY.

Commercial distributors of software may accept certain responsibilities with respect to end users, business

partners and the like. While this License is intended to facilitate the commercial use of the Licensed Work, the

Distributor who includes any of the Licensed Work in a commercial product offering should do so in a manner

which does not create potential liability for other Distributors. Therefore, if a Distributor includes the Licensed

Work in a commercial product offering or offers any Services, such Distributor ("COMMERCIAL

DISTRIBUTOR") hereby agrees to defend and indemnify every other Distributor or Subsequent Contributor (in

each case an "INDEMNIFIED PARTY") against any losses, damages and costs (collectively "LOSSES") arising

from claims, lawsuits and other legal actions brought by a third party against the Indemnified Party to the extent

caused by the acts or omissions of such Commercial Distributor in connection with its distribution of any of the

Licensed Work in a commercial product offering or in connection with any Services. The obligations in this section

do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to

qualify, an Indemnified Party must: (a) promptly notify the Commercial Distributor in writing of such claim; and (b)

allow the Commercial Distributor to control, and co-operate with the Commercial Distributor in, the defense and

any related settlement negotiations. The Indemnified Party may participate in any such claim at its own expense.

5. VERSIONS OF THE LICENSE.

5.1. NEW VERSIONS.

The Initial Contributor may publish revised and/or new versions of the License from time to time. Each version

will be given a distinguishing version number.

5.2. EFFECT OF NEW VERSIONS.

Once the Licensed Work or any portion thereof has been published by Initial Contributor under a particular

version of the License, Recipient may choose to continue to use it under the terms of that version. However, if a