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Linksys WAP610N [31/41] Software end user license agreement

Appendix E

Software End User License Agreement

Wireless-N Access Point with Dual-Band

Disclaimer of Liabilities. TO THE EXTENT NOT PROHIBITED

BY APPLICABLE LAW, IN NO EVENT WILL CISCO BE LIABLE

FOR ANY LOST DATA, REVENUE OR PROFIT, OR FOR SPECIAL,

INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE

DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY

(INCLUDING NEGLIGENCE), ARISING OUT OF OR RELATED

TO THE USE OF OR INABILITY TO USE THE PRODUCT,

SOFTWARE OR ANY SERVICES PROVIDED IN RESPECT

OF SUCH PRODUCT OR SOFTWARE, EVEN IF CISCO HAS

BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW,

IN NO EVENT WILL CISCO’S LIABILITY EXCEED THE

AMOUNT PAID BY YOU FOR THE PRODUCT. IF YOU LIVE

IN THE EUROPEAN UNION, REFERENCES TO “SPECIAL,

INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL

DAMAGES” SHALL MEAN ANY LOSSES WHICH (i) WERE NOT

REASONABLY FORESEEABLE BY BOTH PARTIES, AND/OR (ii)

WERE KNOWN TO YOU BUT NOT TO US AND/OR (iii) WERE

REASONABLY FORESEEABLE BY BOTH PARTIES BUT COULD

HAVE BEEN PREVENTED BY YOU SUCH AS, FOR EXAMPLE

(BUT WITHOUT LIMITATION), LOSSES CAUSED BY VIRUSES,

TROJANS OR OTHER MALICIOUS PROGRAMS, OR LOSS OF

OR DAMAGE TO YOUR DATA. The foregoing limitations will

apply even if any warranty or remedy provided under this

limited warranty fails of its essential purpose.

Technical Support. This limited warranty is neither

a service nor a support contract. Information about

Cisco’s current technical support offerings and policies

(including any fees for support services) can be found at

www.linksysbycisco.com/support.

Export. Software, including technical data, may be subject

to U.S. export control laws and regulations and/or export

or import regulations in other countries. You agree to

comply strictly with all such laws and regulations.

U.S. Government Users. The Software and Documentation

qualify as “commercial items” as defined at 48 C.F.R. 2.101

and 48 C.F.R. 12.212. All Government users acquire the

Software and Documentation with only those rights

herein that apply to non-governmental customers. Use of

either the Software or Documentation or both constitutes

agreement by the Government that the Software and

Documentation are “commercial computer software”

and “commercial computer software documentation,”

and constitutes acceptance of the rights and restrictions

herein.

General Terms. This Agreement will be governed by and

construed in accordance with the laws of the State of

California, without reference to conflict of laws principles.

The United Nations Convention on Contracts for the

International Sale of Goods will not apply. If any portion

of this Agreement is found to be void or unenforceable,

the remaining provisions will remain in full force and

effect. This Agreement constitutes the entire agreement

between the parties with respect to the Software and

supersedes any conflicting or additional terms contained

in any purchase order or elsewhere.

Linksys, Cisco and the Cisco Logo and other trademarks

contained in the Software and Documentation are

trademarks or registered trademarks of Linksys, Cisco,

its licensors and third parties, as the case may be. You

may not remove or alter any trademark, trade names,

product names, logo, copyright or other proprietary

notices, legends, symbols or labels in the Software and

Documentation. This Agreement does not authorize

you to use Cisco’s or its licensors’ names or respective

trademarks.

END OF SCHEDULE 1

Schedule 2

Network Magic Features

Network Magic License Restrictions. Other than as

set forth in this Agreement or as otherwise permitted

by Cisco, you may not install or execute the Network

Magic Software on any non-personal computer product,

including, but not limited to, a Web appliance, set top box,

handheld device, phone, Web pad device, or any device

running the Microsoft Windows CE operating system.

of Service only apply if you have obtained a subscription

license to Network Magic as specified in your order. Such

subscription licenses may subject you to fees which you

are responsible for paying in order to continue to subscribe

to the Services.

1. Network Magic Cancellation. You may cancel the

Services at any time. If you cancel the Services, Cisco

will not be obligated to provide you any Network Magic

product Upgrades. If you cancel the Services, Cisco may

delete data relating to you or your use of the Services

from Cisco or its suppliers’ servers. To the extent not

prohibited by applicable law, you understand and agree

that cancellation of your Services is your sole remedy with

respect to any dispute with Cisco.

2. Modifications. Cisco may modify or cancel the terms

of this Agreement or the price, content, or nature of the

Services (including discontinuing the Services program),

upon notice to you. If Cisco modifies any of these

terms, you may cancel the Service by providing written

notice to Cisco via www.networkmagic.com/support

of such cancellation and uninstalling the Software and

discontinuing your use of the Service. Cisco may provide

notice by e-mail, via Network Magic, or by publishing the

changes on its Web site.

3. Email Notification. Cisco may send you email from

time to time to let you know about new products and

services that are available to you. You will be able to opt-

out of receiving these emails using the link provided

within the email. Cisco reserves the right, however, to

Linksys WAP610N [31/41] Software end user license agreement

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