Datasheet

A-8
Cisco Wireless Control System Configuration Guide
OL-10390-03
Appendix A WCS and End User Licenses
End User License Agreement
SOFTWARE AND HAS PAID THE APPLICABLE FEE FOR THE UPGRADE OR ADDITIONAL
COPIES; (2) USE OF UPGRADES IS LIMITED TO CISCO EQUIPMENT FOR WHICH CUSTOMER
IS THE ORIGINAL END USER PURCHASER OR LESSEE OR WHO OTHERWISE HOLDS A
VALID LICENSE TO USE THE SOFTWARE WHICH IS BEING UPGRADED; AND (3) THE
MAKING AND USE OF ADDITIONAL COPIES IS LIMITED TO NECESSARY BACKUP
PURPOSES ONLY.
Proprietary Notices. Customer agrees to maintain and reproduce all copyright and other proprietary
notices on all copies, in any form, of the Software in the same form and manner that such copyright and
other proprietary notices are included on the Software. Except as expressly authorized in this
Agreement, Customer shall not make any copies or duplicates of any Software without the prior written
permission of Cisco.
Open Source Content. Customer acknowledges that the Software contains open source or publicly
available content under separate license and copyright requirements which are located either in an
attachment to this license, the Software README file or the Documentation. Customer agrees to
comply with such separate license and copyright requirements.
Third Party Beneficiaries. Certain Cisco or Cisco affiliate suppliers are intended third party
beneficiaries of this Agreement. The terms and conditions herein are made expressly for the benefit of
and are enforceable by Cisco’s suppliers; provided, however, that suppliers are not in any contractual
relationship with Customer. Cisco’s suppliers include without limitation: (a) Hifn, Inc., a Delaware
corporation with principal offices at 750 University Avenue, Los Gatos, California and (b) Wind River
Systems, Inc., and its suppliers. Additional suppliers may be provided in subsequent updates of
Documentation supplied to Customer.
Term and Termination. This Agreement and the license granted herein shall remain effective until
terminated. Customer may terminate this Agreement and the license at any time by destroying all copies
of Software and any Documentation. Customer’s rights under this Agreement will terminate
immediately without notice from Cisco if Customer fails to comply with any provision of this
Agreement. Cisco and its suppliers are further entitled to obtain injunctive relief if Customer’s use of the
Software is in violation of any license restrictions. 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”
shall survive termination of this 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. Software and Documentation, including technical data, may be subject to U.S. export control
laws, including the U.S. Export Administration Act and its associated regulations, and may be subject
to export or import regulations in other countries. Customer agrees to comply strictly with all such
regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or
import Software and Documentation. Customer’s failure to comply with such restrictions shall constitute
a material breach of the Agreement.
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 this End User License Agreement may be incorporated, Customer may provide to
Government end user or, if this Agreement is direct, Government end user will acquire, the Software and