User License Agreements

A common criticism of end-user licensing contracts is that they are often far too long for users to spend time reading them carefully. In March 2012, the PayPal end-user license agreement was 36,275 words[15] and in May 2011, the iTunes agreement was 56 pages long. [16] The sources of information that reported these results stated that the vast majority of users do not read the documents because of their length. 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. If you don`t license, you won`t need a CLA. If you grant a license, you can have one or both of these agreements. This section may be brief, as the following example, as long as it contains a broad but specific language that specifies that the user will be held responsible for the legal issues arising from the infringement in the event of an infringement. Be sure to present your AEA when installing your software. Inserts clauses that help protect your rights, property and intellectual property rights and your users. Also contain clauses that limit your liability, do not enforce certain guarantees and manage users` expectations. Make sure that each user gives you clear consent before allowing someone to complete the installation or installation. The applicability of an AEA depends on several factors, one of which is the court where the case is being tried.

Some courts that have considered the validity of The Shrinkwrap Licensing Agreements have invalidated some EULA and have characterized them as liability contracts that are unacceptable and/or unacceptable according to the U.C.C – see z.B. Step-Saver Data Systems, Inc. v. Wyse Technology,[6] Vault Corp. v. Quaid Software Ltd. [7] Other courts have found that the Shrinkwrap licensing agreement is valid and enforceable: cf. ProCD, Inc. v. Zeidenberg,[8] Microsoft v.

Harmony Computers,[9] v. Novell Network Trade Center,[10] and Ariz. Cartridge Remanufacturers Ass`n v. Lexmark Int`l, Inc.[11] may also have acidic supports. No court has ruled on the validity of EU A in general; Decisions are limited to certain provisions and conditions. As noted above, the main purpose of an EEA is to license an application to an end-user. For this reason, all end-user licensing agreements should have a section expressly stating that a license is granted. 12.8. Exports. Cisco`s software, cloud services, products, technologies and services (together "Cisco products") are subject to U.S. and local export control and sanctions legislation.

You recognize the applicability and compliance of these laws and you accept and will not get, use, transfer, export or re-export Cisco products in a way that would encourage Cisco to violate these laws.