Most retail software licenses reject (as far as local laws permit) any guarantee on the performance of the software and limit liability in case of damage to the purchase price of the software. One known case that confirmed such a disclaimer is Mortenson v. Timberline. 8.3. Qualifications. Sections 8.1 and 8.2 do not apply if Cisco technology or the device on which it is authorized has been modified: (a) modified, with the exception of Cisco or its authorized representative; (b) were exposed to unusual physical conditions, accidents or negligence, or installation or use inconsistent with these CLUE or Cisco instructions; c) purchased free of charge, beta or on the basis of evaluation; (d) is not a Cisco branded product or service; or (e) was not provided by an authorized source. Following your immediate written notification to the authorized source during the warranty period for violation of this section 8 by Cisco Your only and exclusive remedy (unless otherwise available) is, Cisco`s choice of either repairing or replacing existing Cisco technology, or (ii) a refund of royalties, which are paid or payable for non-compliant software, or (b) fees paid for the period during which the cloud service was not met, except for amounts paid under a service/destination level contract. Neither party is responsible for indirect, accidental, exemplary, special or consecutive damages; loss or damage to data, interruption or loss of operations; Revenue, profits, revenue or expected turnover or savings. The maximum overall liability of each party under this CLU is limited to (a) for rights derived exclusively from permanently licensed software, the fees that Cisco receives for this software; or (b) for all other claims, the fees that Cisco receives for applicable Cisco technology and are attributable to the 12-month period just prior to the first event that creates liability. 2.4. Additional software upgrades or copies.
You can only use additional updates or copies of the software beyond your license if you (a) have acquired these rights under a support contract covering the corresponding software; or (b) You have acquired the right to use additional updates or copies separately.