Supplemental End User License Agreement
Supplemental End User License Agreement
IMPORTANT: READ CAREFULLY
Dear Customer,
This Supplemental End User License Agreement (“SEULA”) contains additional terms and conditions for the
Software product(s) set forth herein and licensed under the End User License Agreement (“EULA”) between you
and Cisco Systems, Inc. or its Affiliates (collectively, the “Agreement”). Please note that there may be terms in this
SEULA that do not apply to you. Only those terms related to the specific Software product(s) you purchased apply
to you. Except as otherwise set forth in this SEULA, capitalized terms will have the meanings as in the EULA. To
the extent that there is a conflict between the EULA and this SEULA, this SEULA will take precedence.
By downloading, installing, or using the Software you agree to comply with the terms of this SEULA.
SUPPLEMENTAL LICENSE TERMS FOR: Routers
SOFTWARE ENTITLEMENT:
Table 1.
Product
License Metric
License Duration
CSR1000V
Instance
Term, Subscription
DEFINITIONS:
§
“CPU” means a central processing unit that encompasses part of a Server.
§
“Instance” means a single copy of the Software.
memory constitutes a single Instance.
§
“Server” means a single physical computer or device on a network that manages or provides
network resources for multiple users. Each Server must meet or exceed the following CPU
requirements: Intel Nehalem, AMD Barcelona and a clock frequency of 2.0GHz.
§
“Service” means the CSR 1000V web filtering service and its associated software.
§
“Service Evaluation Term” means a sixty-day period during which the Software may be used
solely for trial or evaluation purposes, free of additional charge.
§
“Service License Term” means the period of time during which you are authorized to use the
Service to deliver information technology services to your internal or external customers. The
Service License Term varies depending on the license fee paid.
§
“Service Provider” means a company that provides information technology services to external
end user customers.
§
“Service Term” means the Service License Term and any Service Evaluation Term.
© 2017 Cisco and/or its affiliates. All rights reserved. This document is Cisco Public Information.
This SEULA was generated from Cisco.com.
Each copy of the Software loaded into
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§
“Software” means the CSR 1000V, successor versions, or other virtual software products that
Cisco determines shall be governed under this SEULA.
§
“Software Evaluation Term” means a sixty-day period during which the Software may be used
solely for trial or evaluation purposes, free of additional charge.
§
“Software License Term” means the period of time during which you are authorized to use the
Software to deliver information technology services to your internal or external customers. The
Software License Term varies depending on the license fee paid.
§
“Software Term” means the Software License Term and any Software Evaluation Term.
SOFTWARE RIGHTS AND RESTRICTIONS:
§
1.
Cisco hereby grants you the right to install and use a single Instance of the Software
during the Software Term. Upon expiration of the Software Evaluation Term and/or a
Software License Term, as applicable, you must pay the required license fees for the
Software to continue operating at optimized functionality.
§
2.
§
3.
Subject to the terms and conditions herein and payment of applicable license fees, you
may use the Software as a Service Provider or to deliver hosted information technology
services to your employees and contractors, or to employees and contractors of your affiliated
companies.
The Software must be hosted on a hypervisor, such as Citrix XenServer, Red Hat
KVM, Microsoft Hyper-V, or VMWare ESXi. Each unique Instance of the Software requires
payment of the applicable license fees. You may not run multiple Instances of the Software
without payment of the applicable license fees.
SERVICE RIGHTS AND RESTRICTIONS:
§
1.
Cisco hereby grants you a limited, non-exclusive, non-transferable license to use the
Service with the Software during the Service Term.
§
2.
§
3.
You understand and agree that the Service is being provided by one or more third
parties on behalf of Cisco (collectively, “licensors”), and that if Cisco’s licensors stop providing
the Service for any reason, you will no longer have access to the Service. You may contact
Cisco for more information in such event.
§
4.
You acknowledge and agree that Cisco and/or its licensors own all right, title and
interest, including intellectual property rights in and to the Service.
§
5.
The Service may collect and send to Cisco and/or its licensors the following data: (a)
your IP address; (b) your Cisco device model and serial numbers and (c) your Internet search
requests (including, but not limited to, full URLs, Internet domains and destination web server
IP addresses) (collectively, “Your Data”). You represent and warrant that you own or have all
necessary rights to Your Data, and acknowledge that Cisco and its licensors do not test or
Cisco reserves the right, at its sole discretion and from time to time, to modify the
Service, or parts thereof, including, but not limited to, terminating the availability of a given
feature or functionality. Some material Service changes may include a requirement that you
agree to changed SEULA terms. If you do not agree with a change in the Service, or a
modification of the SEULA terms reflecting such change to the Service, you may terminate this
SEULA and you will no longer have access to the Service.
© 2017 Cisco and/or its affiliates. All rights reserved. This document is Cisco Public Information. This SEULA was generated from Cisco.com.
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screen Your Data, other than what is necessary to provide the Service. Cisco and its licensors
take no responsibility and assume no liability for Your Data. You shall be solely responsible
and liable for Your Data.
§
6.
By using the Service, you agree and consent to the collection, use, processing and
storage of Your Data and any other personal data according to this SEULA and the Cisco
Privacy Statement (available at: http://www.cisco.com/web/siteassets/legal/privacy.html). To
the extent that there is a conflict between the terms and conditions of the Cisco Privacy
Statement and this SEULA, the terms and conditions of this SEULA will take precedence. In
performance of the Service, Cisco and/or its licensors may transfer Your Data to its locations in
the United States and/or other jurisdictions. By agreeing to this SEULA or using the Service,
you agree to such transfer of Your Data. Please note that Your Data may not be subject to the
same controls as Your current location. You consent to the uses described above, including
but not limited to having Your Data transferred to and processed in the United States and other
jurisdictions.
§
7.
You further agree and consent that Cisco and/or its licensors may use Your Data to
improve the Service and related services from Cisco and/or its licensors, and may aggregate
Your Data in a manner which does not identify you. Cisco and/or its licensors may share such
aggregate information with third parties.
§
8.
NOTHING IN THIS SEULA SHALL AFFECT THE WARRANTIES PROVIDED WITH
ANY HARDWARE PURCHASED OR SOFTWARE LICENSED FROM CISCO BY YOU. ANY
AND ALL SERVICES PROVIDED HEREUNDER ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND
WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF
THE PURPOSE IS KNOWN TO CISCO), SATISFACTORY QUALITY, AGAINST
INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE
PRACTICE, ARE HEREBY EXCLUDED TO THE GREATEST EXTENT ALLOWED BY
APPLICABLE LAW.
YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF
WARRANTY SHALL BE, AT CISCO’S OPTION, RE-PERFORMANCE OF THE SERVICE; OR
TERMINATION OF THE SERVICE.
IN NO EVENT DOES CISCO OR ITS LICENSORS WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED, SECURE OR ERROR FREE. NEITHER CISCO NOR ITS LICENSORS
SHALL BE LIABLE FOR ANY FAILURE TO ACHIEVE ANY SERVICE LEVEL AGREEMENT
FOR THE SERVICE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE
FOR YOUR DATA AND ANY OTHER DATA UPLOADED TO OR DOWNLOADED USING THE
SERVICE. IN NO EVENT SHALL CISCO OR ITS LICENSORS BE LIABLE FOR THE
ACCURACY OR COMPLETENESS OF THE INFORMATION PROVIDED IN CONNECTION
WITH THE SERVICE.
IN NO EVENT SHALL CISCO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES, OR LOST REVENUE, LOST PROFITS, OR LOST OR
DAMAGED DATA, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN INFORMED OF THE POSSIBILITY
THEREOF. CISCO’S (AND ITS LICENSORS’) TOTAL LIABILITY TO YOU IN CONNECTION
WITH CLAIMS ARISING UNDER THIS SEULA SHALL BE LIMITED TO THE MONEY, IF ANY,
PAID BY YOU FOR THE SERVICE. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND
NOT PER INCIDENT (I.E., THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT
ENLARGE THIS LIMIT).
© 2017 Cisco and/or its affiliates. All rights reserved. This document is Cisco Public Information. This SEULA was generated from Cisco.com.
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§
9.
You hereby indemnify and hold Cisco harmless from any claim, loss, damage, liability
and expense, including reasonable court costs and attorney’s fees, resulting from any claim (i)
arising out of your acts and those acts of your employees or agents or (ii) arising in connection
with Your Data. This shall not limit Cisco’s obligations, subject to this SEULA, to provide the
Service. All financial obligations associated with your business are your sole responsibility.
OTHER RIGHTS AND RESTRICTIONS:
§
1.
Cisco may terminate this SEULA immediately upon notice: (i) if you breach any
provision of this SEULA and fail to remedy such breach within thirty (30) days after written
notification by Cisco to you of such breach; or (ii) in the event that Cisco determines, at its sole
discretion, to discontinue the Service. Upon termination as specified in this SEULA, (a) all of
your rights and licenses hereunder shall terminate, and (b) your access to the Service shall
terminate.
§
2.
§
3.
You may terminate this SEULA upon thirty (30) days prior written notice to Cisco if you
do not agree to a change of scope or content made by Cisco.
§
4.
If you purchased the Software and/or Service, and this SEULA is terminated for any
reason prior to the end of the applicable Software Term and/or Service Term, you will be
responsible for payment to Cisco for the Software and/or Service provided up to the date of
termination. If you have paid in advance for the entire Software Term or Service Term, Cisco
shall refund to you the amount of the pre-payment applicable to the unused portion of the
Software and/or Service.
§
5.
Cisco may at any time terminate this SEULA for convenience, for any reason, or for no
reason at all, by providing you with thirty (30) days prior notice of termination via posting an end
of sale notice at: http://www.cisco.com/c/en/us/products/routers/cloud-services-router-1000vseries/eos-eol-notice-listing.html.
For additional rights and obligations, please refer to the EULA.
© 2017 Cisco and/or its affiliates. All rights reserved. This document is Cisco Public Information. This SEULA was generated from Cisco.com.
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