Linksys EZXS88W User Guide - Page 18

Appendix E 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, 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. Terms of Service for Subscription Licenses. These Terms of Service only apply if you have obtained a subscription license to Network Magic as specified in your order. 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. 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 EtherFast 10/100 5/8/16-Port Workgroup Switch Software End User License Agreement 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 send you Service related email messages as long as you are a subscriber to the Service. If you wish to opt-out of receiving Service related email messages, you may cancel the Service by providing written notice via www.networkmagic.com/support to Cisco of such cancellation and uninstalling the Software and discontinuing your use of the Service. 4. WARRANTY DISCLAIMER FOR SERVICES. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW THE SERVICES ARE PROVIDED ON AN "AS-IS" BASIS, AND CISCO AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SERVICES, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, QUALITY, AND ACCURACY. CISCO DOES NOT WARRANT THAT THE SERVICE IS ERROR-FREE OR THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION END OF SCHEDULE 2 Schedule 3 Open Source and Third Party Licenses Schedule 3-A If this Cisco product contains open source software licensed under Version 2 of the "GNU General Public License" then the license terms below in this Schedule 3-A will apply to that open source software. The license terms below in this Schedule 3-A are from the public web site at http://www.gnu.org/copyleft/gpl.html GNU GENERAL PUBLIC LICENSE Version 2, June 1991 Copyright © 1989, 1991 Free Software Foundation, Inc. 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. Preamble The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your 15