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Cisco End User License Agreement

1. Scope and Applicability

1.1 This End User License Agreement (“EULA”) between You and Cisco covers Your use of the Software and

Cloud Services (“Cisco Technology”). This document also incorporates any Product Specific Terms that may

apply to specific Cisco Technology. Definitions of capitalized terms are in Section 13 (Definitions).

1.2 You agree to be bound by this EULA through:

(a) Your download, installation, or use of the Cisco Technology; or

(b) Your express agreement to this EULA.

1.3 If You do not have authority to enter into this EULA or You do not agree with its terms, do not use the

Cisco Technology. You may request a refund for the Software within 30 days of Your initial purchase

provided You return the Software to the Approved Source and disable or uninstall it. This paragraph

does not apply where You have expressly agreed to end user license terms with Cisco as part of a

transaction with an Approved Source.

2. Using Cisco Technology

2.1 License and Right to Use. Cisco grants You a non-exclusive, non-transferable (except regarding Software,

as permitted under the Cisco Software Transfer and Re-Use Policy):

(a) license to use the Software; and

(b) right to use the Cloud Services

both as acquired from an Approved Source, for Your direct benefit during the Usage Term and as set out in

Your Entitlement and this EULA (collectively, the “Usage Rights”).

2.2 Use by Third Parties. You may permit Authorized Third Parties to exercise the Usage Rights on Your behalf,

provided that You are responsible for:

(a) ensuring that such Authorized Third Parties comply with this EULA; and

(b) any breach of this EULA by such Authorized Third Parties.

2.3 Beta and Trial Use. If Cisco grants You Usage Rights in Cisco Technology on a trial, evaluation, beta or other

free-of-charge basis (“Evaluation Software and Services”):

(a) You may only use the Evaluation Software and Services on a temporary basis for the period limited

by the license key or specified by Cisco in writing. If there is no period identified, such use is limited

to 30 days after the Evaluation Software and Services are made available to You;

(b) If You fail to stop using and/or return the Evaluation Software and Services or the equipment on

which it is authorized for use by the end of the trial period, You may be invoiced for its list price and

agree to pay such invoice;

point You will no longer have access to any related data, information, and files and must

immediately cease using the Cisco Technology; and

(d) The Evaluation Software and Services may not have been subject to Cisco’s usual testing and quality

assurance processes and may contain bugs, errors, or other issues. Unless agreed in writing by Cisco,

You will not put Evaluation Software and Services into production use. Cisco provides Evaluation

Software and Services “AS-IS” without support or any express or implied warranty or indemnity for

any problems or issues, and Cisco has no liability relating to Your use of the Evaluation Software and

Services.

2.4 Upgrades or Additional Copies of Software. You may only use Upgrades or additional copies of the

Software beyond Your license Entitlement if You have:

(a) acquired such rights under a support agreement covering the Software; or

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(b) purchased the right to use Upgrades or additional copies separately.

2.5 Interoperability of Software. If required by law and upon Your request, Cisco will provide You with the

information needed to achieve interoperability between the Software and another independently created

program, provided You agree to any additional terms reasonably required by Cisco. You will treat such

information as Confidential Information.

2.6 Subscription Renewal. Usage Rights in Cisco Technology acquired on a subscription basis will automatically

renew for the renewal period indicated on the order You or Your Cisco Partner placed with Cisco (“Renewal

Term”) unless:

(a) You notify Your Approved Source in writing at least 45 days before the end of Your then-current

Usage Term of Your intention not to renew; or

(b) You or Your Cisco Partner elect not to auto-renew at the time of the initial order placed with Cisco.

Your Approved Source will notify You reasonably in advance of any Renewal Term if there are fee changes.

The new fees will apply for the upcoming Renewal Term unless You or Your Cisco Partner promptly notify

Cisco in writing, before the renewal date, that You do not accept the fee changes. In that case, Your

subscription will terminate at the end of the current Usage Term.

3. Additional Conditions of Use

3.1 Cisco Technology Generally. Unless expressly agreed by Cisco, You may not:

(a) transfer, sell, sublicense, monetize or make the functionality of any Cisco Technology available to

any third party;

(b) use the Software on second hand or refurbished Cisco equipment not authorized by Cisco, or use

Software licensed for a specific device on a different device (except as permitted under Cisco’s

Software License Portability Policy);

notices or other marks;

(d) reverse engineer, decompile, decrypt, disassemble, modify, or make derivative works of the Cisco

Technology; or

(e) use Cisco Content other than as part of Your permitted use of the Cisco Technology.

3.2 Cloud Services. You will not intentionally:

(a) interfere with other customers’ access to, or use of, the Cloud Service, or with its security;

(b) facilitate the attack or disruption of the Cloud Service, including a denial-of-service attack,

unauthorized access, penetration testing, crawling or distribution of malware (including viruses,

trojan horses, worms, time bombs, spyware, adware and cancelbots);

of the Cloud Service; or

(d) submit any information that is not contemplated in the applicable Documentation.

3.3 Evolving Cisco Technology

(a) Changes to Cloud Services. Cisco may:

(1) enhance or refine a Cloud Service, although in doing so, Cisco will not materially reduce the

core functionality of that Cloud Service, except as contemplated in Section 3.3(b) (End of

Life); and

(2) perform scheduled maintenance of the infrastructure and software used to provide a Cloud

Service, during which You may experience some disruption to that Cloud Service. Whenever

reasonably practicable, Cisco will provide You with advance notice of such maintenance. You

acknowledge that occasionally, Cisco may need to perform emergency maintenance without

providing You advance notice, during which Cisco may temporarily suspend Your access to,

and use of, the Cloud Service.

(b) End of Life

(1) Cisco may end the life of Cisco Technology, including component functionality (“EOL”), by

providing written notice on Cisco.com. If You or Your Cisco Partner prepaid a fee for Your use

of Cisco Technology that becomes EOL before the expiration of Your then-current Usage

Term, Cisco will use commercially reasonable efforts to transition You to a substantially

similar Cisco Technology. If Cisco does not have substantially similar Cisco Technology, then

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Cisco will credit You or Your Cisco Partner any unused portion of the prepaid fee for the Cisco

Technology declared EOL (“EOL Credit”).

(2) The EOL Credit will be calculated from the last date the applicable Cisco Technology is

available to the last date of the applicable Usage Term. Such credit can be applied towards

the future purchase of Cisco products.

3.4 Protecting Account Access. You will keep all account information up to date, use reasonable means to

protect Your account information, passwords and other login credentials, and promptly notify Cisco of any

known or suspected unauthorized use of or access to Your account.

3.5 Use with Third Party Products. If You use the Cisco Technology with third party products, such use is at

Your risk. You are responsible for complying with any third-party provider terms, including its privacy

policy. Cisco does not provide support or guarantee ongoing integration support for products that are not

a native part of the Cisco Technology.

3.6 Open Source Software. Open source software not owned by Cisco is subject to separate license terms set

out at www.cisco.com/go/opensource. Cisco’s use of open source code in Cisco Technology will not:

(a) materially or adversely affect Your ability to exercise Usage Rights in that Cisco Technology; or

(b) cause Your software to become subject to an open source license, provided You only use Cisco

Technology in accordance with Documentation and in object code form.

4. Fees

To the extent permitted by law, orders for the Cisco Technology are non-cancellable. Fees for Your use of Cisco

Technology are set out in Your purchase terms with Your Approved Source. If You use Cisco Technology beyond

Your Entitlement (“Overage”), the Approved Source may invoice You, and You agree to pay, for such Overage.

5. Confidential Information and Use of Data

5.1 Confidentiality

(a) Recipient will hold in confidence and use no less than reasonable care to avoid disclosure of any

Confidential Information to any third party, except for its employees, affiliates and contractors who

have a need to know (“Permitted Recipients”).

(b) Recipient:

(1) must ensure that its Permitted Recipients are subject to written confidentiality obligations

no less restrictive than the Recipient’s obligations under this EULA; and

(2) is liable for any breach of this Section by its Permitted Recipients.

(1) is known by Recipient without confidentiality obligations;

(2) is or has become public knowledge through no fault of Recipient; or

(3) is independently developed by Recipient.

(d) Recipient may disclose Discloser’s Confidential Information if required under a regulation, law or

court order provided that Recipient provides prior notice to Discloser (to the extent legally

permissible) and reasonably cooperates, at Discloser’s expense, regarding protective actions

pursued by Discloser.

(e) Upon the reasonable request of Discloser, Recipient will either return, delete or destroy all

Confidential Information of Discloser and certify the same.

5.2 How We Use Data.

Cisco will access, process and use data in connection with Your use of the Cisco Technology in accordance

with applicable privacy and data protection laws. Cisco’s Customer Master Data Protection Agreement

(“Customer MDPA”) which is available at this link (or terms executed between You and Cisco governing the

same scope) is incorporated by reference and solely applies to Your personal data as defined in the MDPA

processed by Cisco on Your behalf when using the Cisco Technology. For further detail, please visit Cisco’s

Security and Trust Center.

5.3 Notice and Consent. To the extent Your use of the Cisco Technology requires it, You are responsible for

providing notice to, and obtaining consents from, individuals regarding the collection, processing, transfer

and storage of their data through Your use of the Cisco Technology.

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6. Ownership

6.1 Unless agreed in writing, nothing in this EULA transfers ownership in, or grants any license to, any

intellectual property rights. You retain any ownership of Your content and Cisco retains ownership of the

Cisco Technology and Cisco Content.

6.2 Cisco may use any feedback You provide in connection with Your use of the Cisco Technology as part of its

business operations.

7. Indemnification

7.1 Claims. Cisco will defend any third party claim against You that Your valid use of Cisco Technology under

Your Entitlement infringes a third party's patent, copyright or registered trademark (the “IP Claim”). Cisco

will indemnify You against the final judgment entered by a court of competent jurisdiction or any

settlements arising out of an IP Claim, provided that You:

(a) promptly notify Cisco in writing of the IP Claim;

(b) fully cooperate with Cisco in the defense of the IP Claim; and

subsequent appeal.

Cisco will have no obligation to reimburse You for attorney fees and costs incurred prior to Cisco's receipt

of notification of the IP Claim. You, at Your own expense, may retain Your own legal representation.

7.2 Additional Remedies. If an IP Claim is made and prevents Your exercise of the Usage Rights, Cisco will either

procure for You the right to continue using the Cisco Technology, or replace or modify the Cisco Technology

with functionality that is at least equivalent. Only if Cisco determines that these alternatives are not

reasonably available, Cisco may terminate Your Usage Rights granted under this EULA upon written notice

to You and will refund You a prorated portion of the fee You paid for the Cisco Technology for the remainder

of the unexpired Usage Term.

7.3 Exclusions. Cisco has no obligation regarding any IP Claim based on:

(a) compliance with any designs, specifications, or requirements You provide or a third party provides;

(b) Your modification of any Cisco Technology or modification by a third party;

offered;

(d) combination, operation, or use of the Cisco Technology with non-Cisco products, software or

business processes;

(e) Your failure to modify or replace the Cisco Technology as required by Cisco; or

(f) any Cisco Technology provided on a no charge, beta or evaluation basis.

7.4 This Section 7 states Cisco’s entire obligation and Your exclusive remedy regarding any IP Claim against You.

8. Warranties and Representations

8.1 Performance. Cisco warrants that:

(a) for 90 days from the Delivery Date or longer as stated in Documentation, or on

www.cisco.com/go/warranty, the Software substantially complies with the Documentation; and

(b) during the Usage Term, it provides the Cloud Services with commercially reasonable skill and care

in accordance with the Documentation and Product Specific Terms.

8.2 Malicious Code. Cisco will use commercially reasonable efforts to deliver Cisco Technology free of

Malicious Code.

8.3 Qualifications

(a) Sections 8.1 and 8.2 do not apply if the Cisco Technology or the equipment on which it is authorized

for use:

(1) has been altered, except by Cisco or its authorized representative;

(2) has been subjected to abnormal physical conditions, accident or negligence, or installation

or use inconsistent with this EULA or Cisco’s instructions;

(3) is acquired on a no charge, beta or evaluation basis;

(4) is not a Cisco-branded product or service; or

(5) has not been provided by an Approved Source.

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(b) Upon Your prompt written notification to the Approved Source during the warranty period of Cisco’s 
breach of this Section 8, Your sole and exclusive remedy (unless otherwise required by law) is, at 
Cisco’s option, either: 
(1) repair or replacement of the applicable Cisco Technology; or  
(2) a refund of either:  
(A) the license fees paid for the non-conforming Software; or  
(B) the fees paid for the period in which the Cloud Service did not comply, excluding any 
amounts paid or owed under an applicable service level agreement/objective.   
(c) Where Cisco provides a refund of license fees for Software, You must return or destroy all copies of 
the applicable Software.  
(d) Except as set out in this Section and to the extent permitted by law, Cisco expressly disclaims all 
warranties  and  conditions  of  any  kind,  express  or  implied,  including  without  limitation  any 
warranty, condition or other implied term as to merchantability, fitness for a particular purpose 
or non-infringement, or that the Cisco Technology will be secure, uninterrupted or error-free. 
(e) If You are a consumer, You may have legal rights in Your country of residence that  prohibit the 
limitations set out in this Section from applying to You, and, to the extent prohibited, they will not 
apply. 
9. Liability  
9.1 Neither party will be liable for indirect, incidental, exemplary, special or consequential damages; loss or 
corruption of data or interruption or loss of business; or loss of revenues, profits, goodwill or anticipated 
sales or savings.   
9.2 The maximum aggregate liability of each party under this EULA is limited to: 
(a) for claims solely arising from Software licensed on a perpetual basis, the fees received by Cisco for 
that Software; or 
(b) for all other claims, the fees received by Cisco for the applicable Cisco Technology and attributable 
to the 12 month period immediately preceding the first event giving rise to such liability. 
9.3 Sections 9.1 and 9.2 do not apply to liability arising from:  
(a) Your failure to pay all amounts due; or 
(b) Your breach of Sections 
2.1
 (License and Right to Use), 
3.1
 (Cisco Technology Generally), 3.2 (Cloud 
Services) or 12.8 (Export). 
9.4 This limitation of liability applies whether the claims are in warranty, contract, tort (including negligence), 
infringement,  or  otherwise,  even  if  either  party  has  been  advised  of  the  possibility  of  such  damages. 
Nothing in this EULA limits or excludes any liability that cannot be limited or excluded under applicable law. 
This limitation of liability is cumulative and not per incident.  
10. Termination and Suspension 
10.1 Suspension. Cisco may immediately suspend Your Usage Rights if You breach Sections  2.1 (License and 
Right to Use), 
3.1
 (Cisco Technology Generally), 3.2 (Cloud Services), 5.1 (Confidentiality) or 12.8 (Export).  
10.2 Termination 
(a) If a party materially breaches this EULA and does not cure that breach within 30 days after receipt 
of written notice of the breach, the non-breaching party may terminate this EULA for cause.   
(b) Cisco may immediately terminate this EULA if You breach Sections 
2.1
 (License and Right to Use), 
3.1
 
(Cisco Technology Generally), 3.2 (Cloud Services) or 12.8 (Export).  
(c) Upon termination of the EULA, You must stop using the Cisco Technology and destroy any copies of 
Software and Confidential Information within Your control.  
(d) If this EULA is terminated due to Cisco’s material breach, Cisco will refund You or Your Approved 
Source, the prorated portion of fees You have prepaid for the Usage Rights beyond the date of 
termination. 
(e) Upon Cisco’s termination of this EULA for Your material breach, You will pay Cisco or the Approved 
Source any unpaid fees through to the end of the then-current Usage Term. If You continue to use 
or access any Cisco Technology after termination, Cisco or the Approved Source may invoice You, 
and You agree to pay, for such continued use. 

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11. Verification 
11.1 During  the  Usage  Term  and  for  a  period  of  12  months  after  its  expiry  or  termination,  You  will  take 
reasonable steps to maintain complete and accurate records of Your use of the Cisco Technology sufficient 
to verify compliance with this EULA (“Verification Records”). Upon reasonable advance notice, and no 
more than once per 12 month period, You will, within 30 days from Cisco’s notice, allow Cisco and its 
auditors access to the Verification Records and any applicable books, systems (including Cisco product(s) 
or other equipment), and accounts during Your normal business hours.  
11.2 If the verification process discloses underpayment of fees: 
(a) You will pay such fees; and 
(b) You will also pay the reasonable cost of the audit if the fees owed to Cisco as a result exceed the 
amounts You paid for Your Usage Rights by more than 5%.  
12. General Provisions 
12.1 Survival. Sections 3 (Additional Conditions of Use), 4 (Fees), 5 (Confidential Information and Use of Data), 
6  (Ownership),  8  (Warranties  and  Representations),  9  (Liability),  10  (Termination  and  Suspension),  11 
(Verification) and 12 (General Provisions) survive termination or expiration of this EULA. 
12.2 Third Party Beneficiaries. This EULA does not grant any right or cause of action to any third party. 
12.3 Assignment and Subcontracting.  
(a) Except as set out below, neither party may assign or novate this EULA in whole or in part without 
the other party’s express written consent.   
(b) Cisco may: 
(1) by written notice to You, assign or novate this EULA in whole or in part to an Affiliate of Cisco, 
or otherwise as part of a sale or transfer of any part of its business; or 
(2) subcontract any performance associated with the Cisco Technology to third parties, provided 
that such subcontract does not relieve Cisco of any of its obligations under this EULA.  
12.4 US  Government  End  Users.  The  Software,  Cloud  Services  and  Documentation  are  deemed  to  be 
“commercial computer software” and “commercial computer software documentation” pursuant to FAR 
12.212  and  DFARS  227.7202.  All  US  Government  end  users  acquire  the  Software,  Cloud  Services  and 
Documentation with only those rights set forth in this EULA. Any provisions that are inconsistent with 
federal procurement regulations are not enforceable against the US Government. 
12.5 Cisco Partner Transactions. If You purchase Cisco Technology from a Cisco Partner, the terms of this EULA 
apply to Your use of that Cisco Technology and prevail over any inconsistent provisions in Your agreement 
with the Cisco Partner. 
12.6 Modifications to the EULA. Cisco may change this EULA or any of its components by updating this EULA on 
Cisco.com.  Changes  to  the  EULA  apply  to  any  Entitlements  acquired  or  renewed  after  the  date  of 
modification.   
12.7 Compliance with Laws  
(a) General.  Each  party  will  comply  with  all  laws  and  regulations  applicable  to  their  respective 
obligations under this EULA. Cisco may restrict the availability of Cisco Technology in any particular 
location or modify or discontinue features to comply with applicable laws and regulations.   
(b) Data collection and transfer. If You use the Cisco Technology in a location with local laws requiring 
a designated entity to be responsible for collection of data about individual end users and transfer 
of data outside of that jurisdiction (e.g. Russia and China), You acknowledge that You are the entity 
responsible for complying with such laws. 
12.8 Export.  Cisco’s  Software,  Cloud  Services,  products,  technology  and  services  (collectively  the  “Cisco 
Products”) are subject to U.S. and local export control and sanctions laws. You acknowledge and agree to 
the applicability of and Your compliance with those laws, and You will not receive, use, transfer, export or 
re-export any Cisco Products in a way that would cause Cisco to violate those laws. You also agree to obtain 
any required licenses or authorizations.  
12.9 Governing Law and Venue. This EULA, and any disputes arising from it, will be governed exclusively by the 
governing law below, based on Your primary place of business and without regard to conflicts of laws rules 
or the United Nations Convention on the International Sale of Goods. The courts and venues set out below 
will  have  exclusive  jurisdiction  to  adjudicate  any  dispute  arising  out  of  or  relating  to  the  EULA  or  its 
formation, interpretation or enforcement. Each party consents and submits to the exclusive jurisdiction of 

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such courts. Regardless of the below governing law, either party may seek interim injunctive relief in any

court of appropriate jurisdiction regarding any alleged breach of Cisco’s intellectual property or proprietary

rights.

Your Primary Place of Business

Governing Law

Jurisdiction and Venue

United States, Latin America or the

Caribbean, or any other location

not specified below.

State of California, United

States

Superior Court of California, County of

Santa Clara and Federal Courts of the

Northern District of California

Africa

England

English Courts

Asia*

England

English Courts

Australia

State of New South

Wales, Australia

State and Federal Courts in New South

Wales

Canada

Province of Ontario,

Canada

Courts of the Province of Ontario

China

People’s Republic of

China

Hong Kong International Arbitration

Center

Europe*

England

English Courts

Italy

Court of Milan

Japan

Tokyo District Court of Japan

Middle East

England

English Courts

Oceania*

England

English Courts

* Excluding countries listed separately in this table.

If You are a US public sector agency or government institution in the United States, the laws of the primary

jurisdiction in which You are located will govern the EULA and any disputes arising from it. For US Federal

Government customers, this EULA will be controlled and construed under the laws of the United States.

12.10 Notice. Any notice delivered by Cisco to You under this EULA will be delivered via email, regular mail or

postings on Cisco.com. Notices to Cisco should be sent to Cisco Systems, Office of General Counsel, 170

West Tasman Drive, San Jose, CA 95134 unless this EULA, applicable Product Specific Terms or an order

specifically allows other means of notice.

12.11 Force Majeure. Except for payment obligations, neither party will be responsible for failure to perform its

obligations due to an event or circumstances beyond its reasonable control.

12.12 No Waiver. Failure by either party to enforce any right under this EULA will not waive that right.

12.13 Severability. If any portion of this EULA is not enforceable, it will not affect any other terms.

12.14 Entire agreement. This EULA is the complete agreement between the parties regarding the subject matter

of this EULA and supersedes all prior or contemporaneous communications, understandings or agreements

(whether written or oral).

12.15 Translations. Cisco may provide local language translations of this EULA in some locations. You agree those

translations are provided for informational purposes only and if there is any inconsistency, the English

version of this EULA will prevail.

12.16 Order of Precedence. If there is any conflict between this EULA and any Product Specific Terms expressly

referenced in this EULA, the order of precedence is:

(a) such Product Specific Terms;

(b) this EULA (excluding the Product Specific Terms and any Cisco policies); then

incorporated by reference.

13. Definitions

“Affiliate” means any corporation or company that directly or indirectly controls, or is controlled by, or is under

common control with the relevant party, where “control” means to: (a) own more than 50% of the relevant party;

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or (b) be able to direct the affairs of the relevant party through any lawful means (e.g., a contract that allows

control).

“Approved Source” means Cisco or a Cisco Partner.

“Authorized Third Parties” means Your Users, Your Affiliates, Your third party service providers, and each of their

respective Users, permitted to access and use the Cisco Technology on Your behalf as part of Your Entitlement.

“Cisco” “we” “our” or “us” means Cisco Systems, Inc. or its applicable Affiliate(s).

“Cisco Content” means any:

Cisco Content includes geographic and domain information, rules, signatures, threat intelligence and data feeds

and Cisco’s compilation of suspicious URLs.

“Cisco Partner” means a Cisco authorized reseller, distributor or systems integrator authorized by Cisco to sell

Cisco Technology.

“Cloud Service” means the Cisco hosted software-as-a-service offering or other Cisco cloud-enabled feature

described in the applicable Product Specific Terms. Cloud Service includes applicable Documentation and may

also include Software.

“Confidential Information” means non-public proprietary information of the disclosing party (“Discloser”)

obtained by the receiving party (“Recipient”) in connection with this EULA, which:

“Documentation” means the technical specifications and usage materials officially published by Cisco specifying

the functionalities and capabilities of the applicable Cisco Technology.

“Entitlement” means the specific metrics, duration, and quantity of Cisco Technology You commit to acquire from

an Approved Source through individual acquisitions or Your participation in a Cisco buying program.

“Malicious Code” means code designed or intended to disable or impede the normal operation of, or provide

unauthorized access to, networks, systems, Software or Cloud Services other than as intended by the Cisco

Technology (for example, as part of some of Cisco’s security products).

“Product Specific Terms” means additional product related terms applicable to specific Cisco Technology as set

out at www.cisco.com/go/softwareterms.

“Software” means the Cisco computer programs, including Upgrades, firmware and applicable Documentation.

“Upgrades” means all updates, upgrades, bug fixes, error corrections, enhancements and other modifications to

the Software.

“Usage Term” means the period commencing on the Delivery Date and continuing until expiration or termination

of the Entitlement, during which period You have the right to use the applicable Cisco Technology.

“User” means the individuals (including contractors or employees) permitted to access and use the Cisco

Technology on Your behalf as part of Your Entitlement.

“You” means the individual or legal entity acquiring Usage Rights in the Cisco Technology.