Cisco Networking Academy Packet Tracer (5.0) Software License Agreement

IMPORTANT: PLEASE READ THIS PACKET TRACER SOFTWARE LICENSE AGREEMENT (THE "AGREEMENT") CAREFULLY. DOWNLOADING, INSTALLING OR USING THE PACKET TRACER SOFTWARE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN CISCO SYSTEMS, INC. ("CISCO") IS UNWILLING TO LICENSE THE SOFTWARE TO YOU AND YOU ARE NOT AUTHORIZED TO DOWNLOAD, INSTALL OR USE THE SOFTWARE.

I. DISTRIBUTION RIGHTS. The terms in this Section I ("Distribution Rights") of the Agreement apply solely to any Cisco Networking Academy instructor, administrator or other person or entity approved in writing by Cisco Systems, Inc. (each, an "Instructor") to distribute and use the Packet Tracer software and related documentation (collectively, the "Software") in accordance with the terms and conditions of this Agreement.

Subject to the terms and conditions of the End User License Agreement set forth in Section II below (the "EULA"), Cisco grants Instructor a limited, nonexclusive, nontransferable license to distribute the Software using the Permitted Distribution Methods (defined below), during the term of the Agreement to Permitted End Users (defined below) solely as reasonably necessary to provide networking training or instruction in accordance with the terms and conditions of the Agreement. The Permitted Distribution Methods are: (i) distribution via a password protected website (WAN distribution), Local Area Network (LAN distribution) or FTP server; or (ii) distribution via CD's or other tangible media containing the Software. Instructor shall not remove the EULA from the Software. Instructor shall use reasonable efforts to ensure Permitted End Users comply with the EULA. Permitted End Users are students, faculty or alumni of Cisco Networking Academy or such other individuals or entities approved in writing by Cisco. Instructors shall not make any copies or duplicates of the Software except as reasonably necessary to exercise the rights granted hereunder. Except to the extent set forth herein, no distribution, marketing or other transfer of the Software is permitted. Without limiting the generality of the foregoing, the Software may not be copied, licensed, sub-licensed, sold or otherwise distributed in exchange for any fee or value-in-kind.

Instructor acknowledges and agrees that Cisco retains sole and exclusive title and ownership to the Software, including all copies thereof, all Cisco trademarks, designations, logos and other branding for the Software and all intellectual property rights in or to any of the foregoing.

Cisco may terminate the Distribution Rights granted hereunder for any reason or no reason on five (5) business days notice. Unless earlier terminated as set forth in the preceding sentence, the term of this Agreement shall continue until Instructor is no longer a Cisco Networking Academy instructor, administrator or other person or entity approved in writing by Cisco to exercise the rights set forth in this Agreement.

II. The following End User License Agreement or "EULA" shall apply to all users of the Software:

End User License Agreement

BY DOWNLOADING OR INSTALLING THE SOFTWARE YOU ARE BINDING YOURSELF AND/OR THE ENTITY THAT YOU REPRESENT (COLLECTIVELY, "USER") TO THIS END USER LICENSE AGREEMENT ("EULA"). The following terms of this EULA govern access to and use of the Software.

License. Conditioned upon compliance with the terms and conditions of this EULA, Cisco Systems, Inc. ("Cisco") grants to User a royalty free, personal, nonexclusive, nontransferable and revocable license to use the Packet Tracer software and related documentation (collectively, the "Software") solely to create, display or run network simulations using files with suffixes ".pkt" or ".pka" (collectively, "Activities") in connection with Cisco Networking Academy or for such other purpose(s) approved by Cisco in writing. No license is granted for any other purpose and there are no implied licenses in this EULA.

General Limitations. This is a license, not a transfer of title, to the Software and Cisco retains ownership of all copies of the Software. User acknowledges and agrees that Cisco and/or its suppliers own all right, title and interest in and to the Software, including without limitation, any and all copyrights, patents, trade secrets, trademarks and other intellectual property rights therein. Cisco has the exclusive right to apply for or register any patents, mask work rights, copyrights, or such other proprietary protections with respect to the Software. User will not earn or acquire any rights or licenses under any copyrights, patents, trade secrets, trademarks or other intellectual property rights on account of this EULA. Except as otherwise expressly provided under this EULA, User shall have no right, and User specifically agrees not to:

(i) transfer, assign or sublicense its license rights to any other person or entity, and User acknowledges that any attempted transfer, assignment, sublicense or use shall be void;

(ii) make error corrections to or otherwise modify or adapt the Software or create derivative works (excluding Activities) based upon the Software, or permit third parties to do the same;

(iii) reverse engineer or decompile, decrypt, disassemble or otherwise reduce the Software to human-readable form, except to the extent otherwise expressly permitted under applicable law notwithstanding this restriction;

(iv) use or permit the Software to be used to perform services for third parties, whether on a service bureau or time sharing basis or otherwise, without the express written authorization of Cisco; or

(v) disclose, provide, or otherwise make available trade secrets contained within the Software in any form to any third party without the prior written consent of Cisco. User shall implement reasonable security measures to protect such trade secrets.

To the extent required by law, and at User's written request, Cisco shall provide User with the interface information needed to achieve interoperability between the Software and another independently created program, on payment of Cisco's applicable fee, if any. User shall observe strict obligations of confidentiality with respect to such interface information and shall use such interface information in compliance with any reasonable terms and conditions upon which Cisco makes such interface information available.

Software, Upgrades and Additional Copies. For purposes of this EULA, "Software" shall include (and the terms and conditions of this EULA shall apply to) computer programs, as provided to User by Cisco or an authorized agent and any upgrades, updates, bug fixes or modified versions thereto (collectively, "Upgrades") or backup copies of the Software permitted hereunder. NOTWITHSTANDING ANY OTHER PROVISION OF THIS EULA: (1) USER HAS NO LICENSE OR RIGHT TO USE ANY UPGRADES OR ADDITIIONAL COPIES UNLESS USER, AT THE TIME OF ACQUIRING SUCH COPY OR UPGRADE, ALREADY HOLDS A VALID LICENSE TO THE ORIGINAL SOFTWARE; AND (2) THE MAKING AND USE OF ADDITIONAL COPIES IS LIMITED TO NECESSARY BACKUP PURPOSES ONLY.

Proprietary Notices. User 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 EULA, User shall not make any copies or duplicates of any Software without the prior written permission of Cisco.

Term and Termination. Provided User complies with the terms and conditions of this EULA, the license granted herein shall remain in effect for so long as User remains a Permitted End User, as determined by Cisco in its sole discretion. User may terminate this EULA and the license at any time by destroying all copies of the Software. User's rights under this EULA will terminate immediately without notice from Cisco if User fails to comply with any provision of this EULA. Upon termination, User shall destroy all copies of Software in its possession or control. All confidentiality obligations of User and all limitations of liability and disclaimers and restrictions of warranty shall survive termination of this EULA. In addition, the provisions of the sections titled "U.S. Government End User Purchasers" and "General Terms Applicable to the Limited Warranty Statement and Software License" shall survive termination of this EULA.

Export. The Software, 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. User agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import the Software.

U.S. Government End User Purchasers. The Software qualifies 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 EULA may be incorporated, User may provide to Government end user or, if this agreement is direct, Government end user will acquire, the Software with only those rights set forth in this EULA. Use of the Software constitutes agreement by the Government that the Software and related documentation are "commercial computer software" and "commercial computer software documentation," and constitutes acceptance of the rights and restrictions herein.

No Warranty
THE SOFTWARE FURNISHED UNDER THIS EULA IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOR ARE THERE ANY WARRANTIES CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. CISCO DOES NOT WARRANT THAT THE SOFTWARE WILL MEET USER’S NEEDS OR WILL BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS EULA AND FORMED THE BASIS FOR DETERMINING THE FEES CHARGED FOR THE SOFTWARE.

Disclaimer of Liabilities. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL CISCO OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR LOST OR DAMAGED DATA, NETWORK FAILURE, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE OR OTHERWISE AND EVEN IF CISCO OR ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Cisco's or its suppliers' or licensors’ liability to User, whether in contract, tort (including negligence), breach of warranty, or otherwise, exceed the price paid by User for the Software that gave rise to the claim or if the Software is part of another Product, the price paid for such other Product. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

User agrees that the limitations of liability and disclaimers set forth herein will apply regardless of whether User has accepted the Software or any other product or service delivered by Cisco. User acknowledges and agrees that Cisco has granted the licenses and entered into this relationship in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.

General. The EULA shall be governed by and construed in accordance with the laws of the State of California, without reference to or application of choice of law rules or principles. The United Nations Convention on the International Sale of Goods shall not apply. If any portion hereof is found to be void or unenforceable, the remaining provisions of the EULA shall remain in full force and effect. Except as expressly provided herein, this EULA constitutes the entire agreement between the parties with respect to the license of the Software and supersedes any conflicting or additional terms contained in any purchase order or elsewhere, all of which terms are excluded. This EULA has been written in the English language, and the parties agree that the English version will govern. User waives any rights User may have under the law of User’s country or province to have this EULA written in any language other than English.

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