{"service":{"name":"Cisco","url":"https://www.cisco.com/c/en/us/about/legal/cloud-and-software/end_user_license_agreement.html","lang":"ENG","sector":"Various","hq":"US","hq_category":"US","is_public":"Public","is_paid":"Optionally paid","date":"06.11.2020"},"document":{"title":"","text":"End User License Agreement\nCisco has simplified our licensing documents. Our EULA\nnow contains terms of use applicable to all Cisco software\n(on-premise and cloud-hosted), so we no longer rely on the\nUniversal Cloud Agreement (UCA) to govern the use of\ncloud-hosted software. Cisco’s updated End User License\nAgreement reduces duplication for our customers and\nsimplifies selling for our channel. \nEffective: November 6, 2020\nEnd User License Agreement (PDF - 621 KB)\nTable of Contents\nSection 1. Scope and Applicability\n\nSection 2. Using Cisco Technology\n\nSection 3. Additional Conditions of Use\n\nSection 4. Fees\n\nSection 5. Confidential Information and Use of Data\n\nSection 6. Ownership\n\nSection 7. Indemnification\n\nSection 8. Warranties and Representations\n\nSection 9. Liability\n\nSection 10. Termination and Suspension\n\nSection 11. Verification\n\nSection 12. General Provisions\n\nSection 13. Definitions\n\n\nSection 1.  Scope and Applicability\nThis End User License Agreement (“EULA”) between You\nand Cisco covers Your use of the Software and  Cloud\nServices \n(“Cisco \nTechnology”). \nThis \ndocument \nalso\nincorporates any Product Specific Terms that may apply to\nthe Cisco Technology You acquire. Definitions of capitalized\nterms are in Section 13 (Definitions).\nYou agree to be bound by the terms of this EULA through\n(a) Your download, installation, or use of the Cisco\nTechnology; or (b) Your express agreement to this EULA.\nIf You do not have authority to enter into this EULA or You\ndo not agree with its terms, do not use the Cisco\nTechnology. You may request a refund for the Software\nwithin 30 days of Your initial purchase provided You return\nthe Software to the Approved Source and disable or\nuninstall it. This paragraph does not apply where You have\nexpressly agreed to end user license terms with Cisco as\npart of a transaction with an Approved Source.\n Section 2.  Using Cisco Technology\n2.1. License and Right to Use.  Cisco grants You a non-\nexclusive, non-transferable (except with respect to\nSoftware as permitted under the Cisco Software Transfer\nand Re-Use Policy)  (a) license to use the Software;\nand (b) right to use the Cloud Services, both as acquired\nfrom an Approved Source, for Your direct benefit during\n\nthe Usage Term and as set out in Your Entitlement and\nthis EULA (collectively, the “Usage Rights”).\n2.2. Use by Third Parties. You may permit Authorized Third\nParties to exercise the Usage Rights on Your behalf,\nprovided that You are responsible for  (a) ensuring that\nsuch Authorized Third Parties comply with this EULA\nand  (b) any breach of this EULA by such Authorized\nThird Parties.\n2.3. Beta and Trial Use. If Cisco grants You Usage Rights in\nthe applicable Cisco Technology on a trial, evaluation,\nbeta or other free-of-charge basis (“Evaluation Software\nand Services”), You may only use the Evaluation\nSoftware and Services on a temporary basis for the\nperiod limited by the license key or specified by Cisco in\nwriting.    If there is no period identified, such use is\nlimited to 30 days after the Evaluation Software and\nServices are made available to You.  If You fail to stop\nusing and/or return the Evaluation Software and\nServices or the equipment on which it is authorized for\nuse by the end of the trial period, You may be invoiced\nfor its list price and agree to pay such invoice.  Cisco, in\nits discretion, may stop providing the Evaluation\nSoftware and Services at any time, at which point You\nwill no longer have access to any related data,\ninformation, and files and must immediately cease using\nthe Cisco Technology.    The Evaluation Software and\nServices may not have been subject to Cisco’s usual\ntesting and quality assurance processes and may\n\ncontain bugs, errors, or other issues.    Except where\nagreed to in writing by Cisco, You will not put Evaluation\nSoftware and Services into production use.    Cisco\nprovides Evaluation Software and Services “AS-IS”\nwithout support or any express or implied warranty or\nindemnity for any problems or issues, and Cisco will not\nhave any liability relating to Your use of the Evaluation\nSoftware and Services.\n2.4.  Upgrades or Additional Copies of Software.  You may\nonly use Upgrades or additional copies of the Software\nbeyond Your license Entitlement if You have (a) acquired\nsuch rights under a support agreement covering the\napplicable Software; or (b) You have purchased the right\nto use Upgrades or additional copies separately.\n2.5. Interoperability of Software. If required by law and upon\nYour request, Cisco will provide You with the information\nneeded to achieve interoperability between the Software\nand another independently created program, provided\nYou agree to any additional terms reasonably required\nby Cisco. You will treat such information as Confidential\nInformation.\n2.6.  Subscription Renewal. \nUsage \nRights \nin \nCisco\nTechnology acquired on a subscription basis will\nautomatically renew for the renewal period indicated on\nthe order  You or Your Cisco Partner placed with\nCisco  (“Renewal Term”) unless: (a) You notify Your\nApproved Source in writing at least 45 days before the\n\nend of Your then-current Usage Term of Your intention\nnot to renew; or (b) You or Your Cisco Partner elect not\nto auto-renew at the time of the initial order placed with\nCisco. Your Approved Source will notify You reasonably\nin advance of any Renewal Term if there are fee\nchanges. The new fees will apply for the upcoming\nRenewal Term unless You or Your Cisco Partner\npromptly notify Cisco in writing, before the renewal date,\nthat You do not accept the fee changes. In that case,\nYour subscription will terminate at the end of the current\nUsage Term.\nSection 3.  Additional Conditions of Use\n3.1.  Cisco Technology Generally.  Unless expressly  agreed\nby  Cisco, You  may  not  (a)  transfer, sell, sublicense,\nmonetize or make the functionality of any Cisco\nTechnology available to any third party;  (b)  use the\nSoftware on second hand or refurbished Cisco\nequipment not authorized by Cisco, or use Software that\nis licensed for a specific device on a different device\n(except as permitted under  Cisco’s Software License\nPortability Policy);  (c)  remove, modify, or conceal any\nproduct identification, copyright, proprietary, intellectual\nproperty notices or other marks;  (d)  reverse engineer,\ndecompile, decrypt, disassemble, modify, or make\nderivative works of the Cisco Technology; or  (e)  use\nCisco Content other than as part of Your permitted use\nof the Cisco Technology.\n\n3.2.  Cloud Services.  You will not intentionally (a)  interfere\nwith other customers’ access to, or use of, the Cloud\nService, or with its security;  (b)  facilitate the attack or\ndisruption of the Cloud Service, including a denial of\nservice attack, unauthorized access, penetration testing,\ncrawling, or distribution of malware (including viruses,\ntrojan horses, worms, time bombs, spyware, adware,\nand cancelbots); (c) cause an unusual spike or increase\nin Your use of the Cloud Service that negatively impacts\nthe Cloud Service’s operation; or  (d)  submit any\ninformation that is not contemplated in the applicable\nDocumentation.\n3.3. Evolving Cisco Technology. Cisco may: (a) enhance or\nrefine a Cloud Service, although in doing so, Cisco will\nnot materially reduce the core functionality of that Cloud\nService, except as contemplated in this Section; and (b)\nperform scheduled maintenance of the infrastructure and\nsoftware used to provide a Cloud Service, during which\ntime You may experience some disruption to that Cloud\nService.    Whenever reasonably practicable, Cisco will\nprovide \nYou \nwith \nadvance \nnotice \nof \nsuch\nmaintenance.  You acknowledge that, from time to time,\nCisco may need to perform emergency maintenance\nwithout providing You advance notice, during which time\nCisco may temporarily suspend Your access to, and use\nof, the Cloud Service. \n       Cisco may end the life of Cisco Technology, including\ncomponent functionality (“EOL”), by providing written\n\nnotice on  Cisco.com. If You or Your Approved Source\nprepaid a fee for Your use of the Cisco Technology that\nbecomes EOL before the expiration of Your then-current\nUsage Term, Cisco will use commercially reasonable\nefforts to transition You to a substantially similar Cisco\nTechnology. If Cisco does not have substantially similar\nCisco Technology, then Cisco will credit You or Your\nApproved Source any unused portion of the prepaid fee\nfor the Cisco Technology that has been declared EOL\n(“EOL Credit”).  The EOL Credit will be calculated from\nthe last date the applicable Cisco Technology is\navailable to the last date of the applicable Usage\nTerm.    Such credit can be applied towards the future\npurchase of Cisco products.\n3.4.  Protecting Account Access.  You will keep all account\ninformation up to date, use reasonable means to protect\nYour account information, passwords and other login\ncredentials, and promptly notify Cisco of any known or\nsuspected unauthorized use of or access to Your\naccount. \n3.5.  Use with Third Party Products.  If You use the Cisco\nTechnology together with third-party products, such use\nis at Your risk.  You are responsible for complying with\nany third-party provider terms, including its privacy\npolicy.    Cisco does not provide support or guarantee\nongoing integration support for products that are not a\nnative part of the Cisco Technology.\n\n3.6. Open Source Software. Open source software not\nowned by Cisco is subject to separate license terms as\nset out at www.cisco.com/go/opensource. The applicable\nopen source software licences will not materially or\nadversely affect Your ability to exercise Usage Rights in\napplicable Cisco Technology.\nSection 4. Fees\n\nTo the extent permitted by law, orders for the Cisco\nTechnology are non-cancellable. Fees for Your use of Cisco\nTechnology are set out in Your purchase terms with Your\nApproved Source.    If You use Cisco Technology beyond\nYour Entitlement (“Overage”), the Approved Source may\ninvoice You, and You agree to pay, for such Overage.\nSection 5. Confidential Information and Use of Data\n5.1. Confidentiality. Recipient will hold in confidence and use\nno less than reasonable care to avoid disclosure of any\nConfidential Information to any third party, except for its\nemployees, affiliates, and contractors who have a need\nto know (“Permitted Recipients”).  Recipient:  (a) must\nensure that its Permitted Recipients are subject to\nwritten confidentiality obligations no less restrictive than\nthe Recipient’s obligations under this EULA, and (b) is\nliable for any breach of this Section by its Permitted\nRecipients. Such nondisclosure obligations will not apply\nto information that:  (i) is known by Recipient without\nconfidentiality obligations; (ii) is or has become public\nknowledge through no fault of Recipient; or (iii) is\n\nindependently developed by Recipient.  Recipient may\ndisclose Discloser’s Confidential Information if required\nunder a regulation, law or court order provided that\nRecipient provides prior notice to Discloser (to the extent\nlegally permissible) and reasonably cooperates, at\nDiscloser’s \nexpense, \nregarding \nprotective \nactions\npursued by Discloser.  Upon the reasonable request of\nDiscloser, Recipient will either return, delete or destroy\nall Confidential Information of Discloser and certify the\nsame.\n5.2. How We Use Data. Cisco will access, process and use\ndata in connection with Your use of the Cisco\nTechnology in accordance with applicable privacy and\ndata protection laws.   For  further  detail, please\nvisit Cisco’s Security and Trust Center.\n5.3. Notice and Consent. To the extent Your use of the Cisco\nTechnology requires it, You are responsible for providing\nnotice to, and obtaining consents from, individuals\nregarding the collection, processing, transfer and\nstorage of their data through Your use of the Cisco\nTechnology. \nSection 6. Ownership\nExcept where agreed in writing, nothing in this EULA\ntransfers ownership in, or grants any license to, any\nintellectual property rights.    You retain any ownership of\nYour content and Cisco retains ownership of the Cisco\nTechnology and Cisco Content.  Cisco may use any\n\nfeedback You provide in connection with Your use of\nthe Cisco Technology as part of its business operations.\nSection 7. Indemnification\n7.1. Claims. Cisco will defend any third-party claim against\nYou that Your valid use of Cisco Technology under Your\nEntitlement infringes a third party's patent, copyright or\nregistered trademark (the “IP Claim”). Cisco will\nindemnify You against the final judgment entered by a\ncourt of competent jurisdiction or any settlements arising\nout of an IP Claim, provided that You: (a) promptly notify\nCisco in writing of the IP Claim; (b) fully cooperate with\nCisco in the defense of the IP Claim; and (c) grant Cisco\nthe right to exclusively control the defense and\nsettlement of the IP Claim, and any subsequent\nappeal.  Cisco will have no obligation to reimburse You\nfor attorney fees and costs incurred prior to Cisco's\nreceipt of notification of the IP Claim. You, at Your own\nexpense, may retain Your own legal representation.\n7.2.  Additional Remedies.  If an IP Claim is made and\nprevents Your exercise of the Usage Rights, Cisco will\neither procure for You the right to continue using the\nCisco Technology or replace or modify the Cisco\nTechnology \nwith \nfunctionality \nthat \nis \nat \nleast\nequivalent.  Only if Cisco determines that these\nalternatives are not reasonably available, Cisco may\nterminate Your Usage Rights granted under this EULA\nupon written notice to You and will refund You a prorated\n\nportion of the fee You paid for the Cisco Technology for\nthe remainder of the unexpired Usage Term.\n7.3. Exclusions. Cisco has no obligation with respect to any\nIP Claim based on:  (a)  compliance with any designs,\nspecifications, or requirements You provide or a third\nparty provides on Your behalf;  (b)  Your modification of\nany Cisco Technology or modification by a third party; (c)\nthe amount or duration of use made of the Cisco\nTechnology, revenue You earned, or services You\noffered;  (d) combination, operation, or use of Cisco\nTechnology with non-Cisco products,  software or\nbusiness processes; (e) Your failure to modify or replace\nCisco Technology as required by Cisco; or (f) any Cisco\nTechnology provided on a no charge, beta or evaluation\nbasis.\n7.4. This Section 7 states Cisco’s entire obligation and Your\nexclusive remedy regarding any IP Claims against You.\nSection 8.  Warranties and Representations\n8.1. Performance. Cisco warrants that: (a) for a period of 90\ndays from the Delivery Date or longer as stated in\nDocumentation, or on  www.cisco.com/go/warranty, the\nSoftware substantially complies with the Documentation;\nand  (b)  during the Usage Term, it provides the Cloud\nServices with commercially reasonable skill and care in\naccordance with the Documentation and Product\nSpecific Terms.\n\n8.2. Malicious Code. Cisco will use commercially reasonable\nefforts to deliver the Cisco Technology free of Malicious\nCode.\n8.3. Qualifications. Sections 8.1 and 8.2 do not apply if the\nCisco Technology  or the equipment on which it is\nauthorized for use: (a) has been altered, except by Cisco\nor its authorized representative; (b) has been subjected\nto abnormal physical conditions, accident or negligence,\nor installation or use inconsistent with this EULA or\nCisco’s instructions; (c) is acquired on a no charge, beta\nor evaluation basis; (d) is not a Cisco-branded product or\nservice; or (e) has not been provided by an Approved\nSource. Upon Your prompt written notification to the\nApproved Source during the warranty period of Cisco’s\nbreach of this Section 8, Your sole and exclusive remedy\n(unless otherwise required by applicable law) is, at\nCisco’s option, either (i) repair or replacement of the\napplicable Cisco Technology or (ii) a refund of the (a)\nlicense fees paid or due for the non-conforming\nSoftware, or (b) the fees paid for the period in which the\nCloud Service did not comply, excluding any amounts\npaid under a service level agreement/objective, if\napplicable.   \n       Where Cisco provides a refund of license fees paid for\nSoftware, You must return or destroy all copies of the\napplicable Software.  Except as expressly stated in this\nSection, to the extent allowed by applicable law, Cisco\nexpressly disclaims all warranties and conditions of any\n\nkind, express or implied, including without limitation any\nwarranty, condition or other implied term as to\nmerchantability, fitness for a particular purpose or non-\ninfringement, or that the Cisco Technology will be\nsecure, uninterrupted or error free.  If You are a\nconsumer, You may have legal rights in Your country of\nresidence that prohibit the limitations set out in this\nSection from applying to You, and, where prohibited,\nthey will not apply.\nSection 9. Liability\nNeither party will be liable for indirect, incidental, exemplary,\nspecial or consequential damages; loss or corruption of data\nor interruption or loss of business; or loss of revenues,\nprofits, goodwill or anticipated sales or savings.  The\nmaximum aggregate liability of each party under this EULA\nis limited to  (a)  for claims solely arising from Software\nlicensed on a perpetual basis, the fees received by Cisco for\nthat Software; or (b) for all other claims, the fees received by\nCisco for the applicable Cisco Technology and attributable to\nthe 12 month period immediately preceding the first event\ngiving rise to such liability.\nThese limitations  of liability  do  not apply to  liability  arising\nfrom  (a) Your failure to pay all amounts due; or  (b)  Your\nbreach of Sections  2.1 (License and Right to Use),  3.1\n(Cisco Technology Generally), 3.2 (Cloud Services) or 12.8\n(Export). This limitation of liability applies whether the claims\nare in warranty, contract, tort (including negligence),\n\ninfringement, or otherwise,  even if either party has been\nadvised of the possibility of such damages. Nothing in this\nEULA limits or excludes any liability that cannot be limited or\nexcluded under applicable law. This limitation of liability is\ncumulative and not per incident.\nSection 10.  Termination and Suspension\n10.1.   Suspension.  Cisco may immediately suspend Your\nUsage Rights if You breach Sections 2.1 (License and\nRight to Use),  3.1 (Cisco Technology Generally), 3.2\n(Cloud Services) or 12.8 (Export). \n10.2. Termination. If a party materially breaches this EULA\nand does not cure that breach within 30 days after\nreceipt of written notice of the breach, the non-\nbreaching party may terminate this EULA for cause.\nCisco may immediately terminate this EULA if You\nbreach Sections 2.1 (License and Right to Use), 3.1\n(Cisco Technology Generally), 3.2 (Cloud Services) or\n12.8 (Export). Upon termination of the EULA, You must\nstop using the Cisco Technology and destroy any\ncopies of Software and Confidential Information within\nYour control. If this EULA is terminated due to Cisco’s\nmaterial breach, Cisco will refund You or Your\nApproved Source, the prorated portion of fees You\nhave prepaid for the Usage Rights beyond the date of\ntermination. Upon Cisco’s termination of this EULA for\nYour material breach, You will pay Cisco or the\nApproved Source any unpaid fees through to the end of\n\nthe then-current Usage Term. If You continue to use or\naccess any Cisco Technology after termination, Cisco\nor the Approved Source may invoice You, and You\nagree to pay, for such continued use.\nSection 11. Verification\nDuring the Usage Term and for a period of 12 months after\nits expiry or termination, You will take reasonable steps to\nmaintain complete and accurate records of Your use of the\nCisco Technology sufficient to verify compliance with this\nEULA (“Verification Records”). Upon reasonable advance\nnotice, and no more than once per 12 month period, You\nwill, within 30 days from Cisco’s notice, allow Cisco and its\nauditors access to the Verification Records and any\napplicable books, systems (including Cisco product(s) or\nother equipment), and accounts during Your normal\nbusiness hours. If the verification process discloses\nunderpayment of fees: (a) You will pay such fees; and (b)\nYou will also pay the reasonable cost of the audit if the fees\nowed to Cisco as a result exceed the amounts You paid for\nYour Usage Rights by more than 5%.\n\nSection 12.  General Provisions\n12.1. Survival. Sections 4, 5, 6, 8, 9, 10, 11 and 12 survive\ntermination or expiration of this EULA.\n12.2. Third Party Beneficiaries.  This EULA does not grant\nany right or cause of action to any third party.\n\n12.3.  Assignment and Subcontracting.  Except as set out\nbelow, neither party may assign or novate this EULA in\nwhole or in part without  the other party’s  express\nwritten consent. Cisco may (a) by written notice to You,\nassign or novate this EULA in whole or in part to an\nAffiliate of Cisco, or otherwise as part of a sale or\ntransfer of any part of its business; or (b) subcontract\nany performance associated with the Cisco Technology\nto third parties, provided that such subcontract does\nnot relieve Cisco of any of its obligations under this\nEULA. \n12.4.  U.S. Government End Users.  The Software, Cloud\nServices and Documentation are deemed to be\n“commercial computer software” and “commercial\ncomputer software documentation” pursuant to FAR\n12.212 and DFARS 227.7202. All U.S. Government\nend users acquire the Software, Cloud Services and\nDocumentation with only those rights set forth in this\nEULA. Any provisions that are inconsistent with federal\nprocurement regulations are not enforceable against\nthe U.S. Government.\n12.5.  Cisco Partner Transactions.  If You purchase Cisco\nTechnology from a Cisco Partner, the terms of this\nEULA apply to Your use of that Cisco Technology and\nprevail over any inconsistent provisions in Your\nagreement with the Cisco Partner.\n\n12.6.  Modifications to the EULA.  Cisco may change this\nEULA or any of its components by updating this EULA\non Cisco.com. Changes to the EULA apply to any\nEntitlements acquired or renewed after the date of\nmodification. \n12.7. Compliance with Laws. Each party will comply with all\nlaws and regulations applicable to their respective\nobligations under this EULA. Cisco may restrict the\navailability of the Cisco Technology in any particular\nlocation or modify or discontinue features to comply\nwith applicable laws and regulations. \n         If You use the Cisco Technology in a location with\nlocal laws requiring a designated entity to be\nresponsible for collection of data about individual end\nusers and transfer of data outside of that jurisdiction\n(e.g. Russia and China), You acknowledge that You are\nthe entity responsible for complying with such laws.\n12.8. Export.  Cisco’s Software, Cloud Services, products,\ntechnology \nand \nservices \n(collectively \nthe\n“Cisco Products”) are subject to U.S. and local export\ncontrol and sanctions laws. You acknowledge and\nagree to the applicability of and Your compliance with\nthose laws, and You will not receive, use, transfer,\nexport or re-export any Cisco Products in a way that\nwould cause Cisco to violate those laws. You also\nagree \nto \nobtain \nany \nrequired \nlicenses \nor\nauthorizations. \n\n12.9.  Governing Law and Venue.  This EULA, and any\ndisputes arising from it, will be governed exclusively by\nthe applicable governing law below, based on Your\nprimary place of business and without regard to\nconflicts of laws rules or the United Nations Convention\non the International Sale of Goods. The courts located\nin the applicable venue below will have exclusive\njurisdiction to adjudicate any dispute arising out of or\nrelating to the EULA or its formation, interpretation or\nenforcement. Each party hereby consents and submits\nto the exclusive jurisdiction of such courts. Regardless\nof the below governing law, either party may seek\ninterim injunctive relief in any court of appropriate\njurisdiction with respect to any alleged breach of\nCisco’s intellectual property or proprietary rights. \nYour Primary Place of\nBusiness\nGoverning Law\nJurisdiction and Venue\nAny location not\nspecified below\nState of California, United\nStates of America\nSuperior Court of California,\nCounty of Santa Clara and\nFederal Courts of the Northern\nDistrict of California\nAustralia\nLaws of the State of New\nSouth Wales, Australia\nState and Federal Courts of New\nSouth Wales\nCanada\nProvince of Ontario, Canada\nCourts of the Province of Ontario\nChina\n\nLaws of the People’s Republic\nof China\nHong Kong International\nArbitration Center\nEurope (excluding\nItaly), Middle East,\nAfrica, Asia (excluding\nJapan and China),\nOceania (excluding\nAustralia)\nLaws of England\nEnglish Courts  \nItaly\nLaws of Italy\nCourt of Milan\nJapan\nLaws of Japan\nTokyo District Court of Japan\nUnited States, Latin\nAmerica or the\nCaribbean\nState of California, United\nStates of America\nSuperior Court of California,\nCounty of Santa Clara and\nFederal Courts of the Northern\nDistrict of California\nIf  You are a United States public sector agency or\ngovernment institution located in the United States, the laws\nof the primary jurisdiction in which You are located will\ngovern the EULA and any disputes arising from it.  For U.S.\nFederal Government customers, this EULA will be controlled\nand construed under the laws of the United States of\nAmerica.  \n12.10. Notice. Any notice delivered by Cisco to You under\nthis EULA will be delivered via email, regular mail or\npostings on  Cisco.com. Notices to Cisco should be\n\nsent to Cisco Systems, Office of General Counsel, 170\nTasman Drive, San Jose, CA 95134 unless this EULA,\napplicable Product Specific Terms or an order\nspecifically allows other means of notice. \n12.11. Force Majeure.  Except for payment obligations,\nneither party will be responsible for failure to perform\nits obligations due to an event or circumstances\nbeyond its reasonable control.\n12.12. NoWaiver. Failure by either party to enforce any right\nunder this EULA will not waive that right.\n12.13. Severability.  If any portion of this EULA is not\nenforceable, it will not affect any other terms.\n12.14. Entire agreement.  This EULA is the complete\nagreement between the parties with respect to the\nsubject matter of this EULA and supersedes all prior or\ncontemporaneous communications, understandings or\nagreements (whether written or oral). \n12.15. Translations.  Cisco may provide local language\ntranslations of this EULA in some locations.  You agree\nthat those translations are provided for informational\npurposes only and if there is any inconsistency, the\nEnglish version of this EULA will prevail.\n12.16. Order of Precedence. If there is any conflict between\nthis EULA and any Product Specific Terms expressly\nreferenced in this EULA, the order of precedence is:\n\n(a) such Product Specific Terms; (b) this EULA\n(excluding the Product Specific Terms and any Cisco\npolicies); then (c) any applicable Cisco policy expressly\nreferenced in this EULA. \nSection 13. Definitions\n“Affiliate” means any corporation or company that directly or\nindirectly controls, or is controlled by, or is under common\ncontrol with the relevant party, where “control” means to: (a)\nown more than 50% of the relevant party; or (b) be able to\ndirect the affairs of the relevant party through any lawful\nmeans (e.g., a contract that allows control).\n“Approved Source” means Cisco or a Cisco Partner.\n“Authorized Third Parties” means Your Users, Your Affiliates,\nYour third-party service providers, and each of their\nrespective Users permitted to access and use the Cisco\nTechnology on Your behalf as part of Your Entitlement.\n“Cisco” “we” “our” or “us” means Cisco Systems, Inc. or its\napplicable Affiliate(s).\n“Cisco Content” means any (a) content or data provided by\nCisco to You as part of Your use of the Cisco Technology\nand (b) content or data that the Cisco Technology\ngenerates or derives in connection with Your use.  Cisco\nContent includes geographic and domain information, rules,\nsignatures, threat intelligence and data feeds and Cisco’s\ncompilation of suspicious URLs.\n\n“Cisco Partner” means a Cisco authorized reseller,\ndistributor or systems integrator authorized by Cisco to sell\nCisco Technology.\n“Cloud Service” means the Cisco hosted software-as-a-\nservice offering or other Cisco cloud-enabled feature\ndescribed in the applicable Product Specific Terms.  Cloud\nService includes applicable Documentation and may also\ninclude Software.\n“Confidential Information” means non-public proprietary\ninformation of the disclosing party (“Discloser”) obtained by\nthe receiving party (“Recipient”) in connection with this\nEULA, which is (a) conspicuously marked as confidential or,\nif verbally disclosed, is summarized in writing to the\nRecipient within 14 days and marked as confidential; or (b)\nis information which by its nature should reasonably be\nconsidered confidential whether disclosed in writing or\nverbally.\n“Delivery Date” means the date agreed in Your Entitlement,\nor where no date is agreed: (a) where Usage Rights in\nSoftware or Cloud Services are granted separately: (i) for\nSoftware, the earlier of the date Software is made available\nfor download or installation, or the date that Cisco ships the\ntangible media containing the Software, and (ii) for Cloud\nServices, the date on which the Cloud Service is made\navailable for Your use; or (b) where Usage Rights in\nSoftware and Cloud Services are granted together, the\nearlier of the date Software is made available for download,\n\nor the date on which the Cloud Service is made available for\nYour use.\n“Documentation” means the technical specifications and\nusage materials officially published by Cisco specifying the\nfunctionalities and capabilities of the applicable Cisco\nTechnology.\n“Entitlement” means the specific metrics, duration, and\nquantity of Cisco Technology that You commit to acquire\nfrom an Approved Source through individual acquisitions or\nYour participation in a Cisco buying program.\n“Malicious Code” means code that is designed or intended\nto disable or impede the normal operation of, or\nprovide unauthorizedaccess to, networks, systems,\nSoftware or Cloud Services other than as intended by the\nCisco Technology (for example, as part of some of Cisco’s\nsecurity products).\n“Product Specific Terms” means additional product related\nterms applicable to the Cisco Technology You acquire as set\nout at www.cisco.com/go/softwareterms.\n“Software” means the Cisco computer programs including\nUpgrades, firmware and applicable Documentation.\n“Upgrades” means all updates, upgrades, bug fixes, error\ncorrections, enhancements and other modifications to the\nSoftware.\n\n“Usage Term” means the period commencing on the\nDelivery Date and continuing until expiration or termination\nof the Entitlement, during which period You have the right to\nuse the applicable Cisco Technology.\n“User” means the individuals (including contractors or\nemployees) permitted to access and use the Cisco\nTechnology on Your behalf as part of Your Entitlement.\n“You” means the individual or legal entity purchasing the\nCisco Technology.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":-1,"explanation":"Everyone entitled to the damages connected with using the service may claim them only to a certain amount"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":0,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract, but only in relation to businesses"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":0,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence, but only in relation tu businesses"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of future prices","legal_ground":"partially Annex 1(j) Directive 93/13","code":"price_chg","score":0,"explanation":"When the company reserves the right to change the future price of services that were not yet supplied or enabled"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":-1,"explanation":"When the company reserves the right to change the service without a valid reason (when the ToS state, that the company can always change the service or does not state any requriements at all). A service change is a situation, where a company unilaterally modifies the service, by changing existing design, adding or removing features, modyfing purpose of the service, etc."},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":0,"explanation":"When the company reserves the right to suspend a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":0,"explanation":"The ToS contains provisions that keep the remaining part of the contract in force in case a court declare one or more of its provisions unconstitutional, void, or unenforceable (severability clauses)"},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":0,"explanation":"According to ToS, the company has a right to incorporate into the service user feedback or suggestions without compensation"}]}