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OL-20854-01 A0

Cisco End User License Agreement

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 PERSONAL

INJURY, (II) FRAUDULENT MISREPRESENTATION, OR (III) CISCO'S LIABILITY IN

CONNECTION WITH ANY TERMS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

For all countries 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 the 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 the 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 conflicts 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 the 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

provisions; and the English courts shall have exclusive jurisdiction over any claim arising under the Agreement or

Warranties. In addition, if the Agreement is controlled by the laws of England, no person who is not a party to the

Agreement shall be entitled to enforce or take the benefit of any of its terms under the Contracts (Rights of Third

Parties) Act 1999. If you acquired the Software in Japan, unless expressly prohibited by local law, the Agreement

and Warranties are controlled by and construed under the laws of Japan, notwithstanding any conflicts of law

provisions; and the Tokyo District Court of Japan shall have exclusive jurisdiction over any claim arising under the

Agreement or Warranties. If you acquired the Software in Australia, unless expressly prohibited by local law, the

Agreement and Warranties are controlled by and construed under the laws of the State of New South Wales,

Australia, notwithstanding any conflicts of law provisions; and the State and federal courts of New South Wales shall

have exclusive jurisdiction over any claim arising under the Agreement or Warranties. If you acquired the Software

in any other country, unless expressly prohibited by local law, the Agreement and 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.

For all countries referred to above, the parties specifically disclaim the application of the UN Convention

on Contracts for the International Sale of Goods. Notwithstanding the foregoing, either party may seek

interim injunctive relief in any court of appropriate jurisdiction with respect to any alleged breach of

such party's intellectual property or proprietary rights. If any portion hereof is found to be void or

unenforceable, the remaining provisions of the Agreement and Warranties shall remain in full force and

effect. Except as expressly provided herein, the Agreement constitutes the entire agreement between the

parties with respect to the license of the Software and Documentation and supersedes any conflicting or

additional terms contained in any Purchase Order or elsewhere, all of which terms are excluded. The

Agreement has been written in the English language, and the parties agree that the English version will

govern.

Product warranty terms and other information applicable to Cisco products are available at the following

URL:

http://www.cisco.com/go/warranty