Cisco Packet Tracer

Software License Agreement

IMPORTANT: PLEASE READ THIS CISCO PACKET TRACER SOFTWARE LICENSE AGREEMENT (THE
"AGREEMENT") CAREFULLY. DOWNLOADING, INSTALLING OR USING THE CISCO 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 Cisco 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 for a Cisco Networking Academy 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 Cisco 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. Further, the
Software is intended for individual use only and Users are not permitted to
distribute the Software or use it for teaching purposes, without the written
consent of Cisco.
As stated in the Distribution Rights section in the Agreement, only Instructors
authorized by Cisco Networking Academy are allowed to distribute the Software or
use it for teaching purposes.
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.
Personal Data.
The Cisco Packet Tracer software collects personally identifiable information
("PII") from Users, including but not limited to:
(i) Software functionality usage: physical and logical view, simulation and
realtime mode, activity wizard;
(ii) Software activities: Software start, Software usage duration and Save file.
PII is used by Cisco for analytic purposes to see how Packet Tracer features are
used and how Cisco can improve Packet Tracer. Cisco will process PII, as "personal
data" in accordance with this Agreement and Cisco's Privacy Statement (including
the Networking Academy Supplement).
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.
Cisco, Cisco Systems, and the Cisco Systems logo are registered trademarks of Cisco
Systems, Inc. in the U.S. and certain other countries. Any other trademarks
mentioned in this document are the property of their respective owners.