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Cisco Terms of Use
Effective: 19 January 2024
Section 1. Scope and Applicability
These Cisco Terms of Use (this “Agreement”) between You and Cisco cover Your use of the Software and/or Cloud Services (“Cisco Technology”) obtained through this site. The Cisco Technology is intended for use by business users. Definitions of capitalized terms are in Section 11.
By signing up for the Cisco Technology or by Your download, installation, or use of the Cisco Technology, You agree to be bound by the terms of this Agreement. If You do not have authority to enter into this Agreement or You do not agree with its terms, You cannot use the Cisco Technology.
Section 2. Using Cisco Technology
2.1 License and Right to Use. Cisco grants You, for Your direct benefit during the Usage Term and for the full scope of Your Entitlement under this Agreement, a non-exclusive, non-transferable (except with respect to 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 (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 Agreement; and (b) any breach of this Agreement by such Authorized Third Parties.
2.3 Free Service. Cisco is making this Cisco Technology available to You without charge, up to certain capacity limits, as described in Documentation or in an order form, subject to the terms of this Agreement. You agree that Cisco, in its sole discretion and for any or no reason, may terminate Your access to the Free Services or any part thereof and that any termination may be without prior notice and without liability to Cisco. You are solely responsible for exporting Your customer data from the Free Services prior to termination, and, except as required by law, Cisco will provide You a reasonable opportunity to retrieve such data.
2.4 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.
Section 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 that is licensed for a specific device on a different device (except as permitted under Cisco’s Software License Portability Policy); (c) remove, modify, or conceal any product identification, copyright, proprietary, intellectual property 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 users’ 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); (c) cause an unusual spike or increase in Your use of the Cloud Service that negatively impacts the Cloud Service’s operation; or (d) submit any information that is not contemplated in the applicable Documentation. You will not use this Cisco Technology or its Documentation to (a) copy ideas, features, functions, or graphics; (b) develop competing products or services; or (c) perform competitive analyses.
3.3 Usage Restrictions. You are authorized to use this Cisco Technology solely for systems or websites for which you have legal authorization from the respective owners. However, You are prohibited from:
(a) Impersonating a different person or corporation;
(b) Taking any action that may impact the design of the Cisco Technology, including its content;
(c) Activating or allowing the activation of any computer program, crawlers or bots, for analyzing, searching, automatically recovering, scanning, duplicating or copying capabilities, materials or contents within the Cisco Technology, with the purpose of creating databases or collections that include content originating in, on, or from the Cisco Technology;
(d) Manipulating the URL address of the Cisco Technology with the intent of reaching website pages without direct access (URL Hacking);
(e) Presenting content from the Cisco Technology within a “Frame,” or as part of another website (a “Mirror”), or any other service;
(f) Presenting Cisco Content in a manner that changes, alters, or modifies it or deletes any content or information;
(g) Creating links to the Cisco Technology from any website or software containing illegal or inappropriate content, including without limitation, pornographic content, content inciting or intending to incite racism, illegal activity or unlawful discrimination;
(h) Linking to Cisco Content that is not on the Cisco Technology homepage (“Deep Links”), unless it links to the entire Website, as is, allowing users to use and view the Cisco Technology the same way as directly;
(i) Linking to disconnected content within the Cisco Technology such as directly linking to a picture rather than the entire site; and/or
(j) Editing, altering, modifying, distorting or concealing the full address of the Cisco Technology homepage, which must appear in the designated usual place, nor replace it with any other address.
3.4 Evolving Cisco Technology. Cisco may: (a) enhance or modify the features, functionality, and capacity limits of this Cisco Technology at any time, in its sole discretion, without liability; and (b) perform scheduled maintenance of the infrastructure and software used to provide the Cisco Technology, during which time You may experience some disruption to the Cisco Technology. Whenever reasonably practicable, Cisco will provide You with advance public notice of such maintenance. You acknowledge that, from time to time, Cisco may need to perform emergency maintenance without providing You advance notice, during which time Cisco may temporarily suspend Your access to, and use of, the Cisco Technology.
Cisco reserves the right (a) to end the life of this Cisco Technology, including component functionality, (“EOL”), and/or (b) to incorporate all or some of the features and functionality of this Cisco Technology into a Cisco paid offer at any time, in its sole discretion, and without liability (“Cisco Offering”). Any new Cisco Offering will be subject to its own terms and conditions.
3.5 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.
3.6 Use with Third-Party Products. If You use the Cisco Technology together 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.
3.7 Open Source Software. Open source software not owned by Cisco is subject to separate license terms as set out at www.cisco.com/go/opensource. Cisco’s use of open source code in the Cisco Technology will not materially or adversely affect Your ability to exercise Usage Rights in the Cisco Technology.
Section 4. Confidential Information and Use of Data
4.1 Confidentiality. 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”). Recipient: (a) must ensure that its Permitted Recipients are subject to written confidentiality obligations no less restrictive than the Recipient’s obligations under this Agreement, and (b) is liable for any breach of this Section by its Permitted Recipients. Such nondisclosure obligations will not apply to information that: (i) is known by Recipient without confidentiality obligations; (ii) is or has become public knowledge through no fault of Recipient; or (iii) is independently developed by Recipient. 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. Upon the reasonable request of Discloser, Recipient will either return, delete or destroy all Confidential Information of Discloser and certify the same.
4.2 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. For further detail, please visit Cisco’s Security and Trust Center. The applicable Privacy Data Sheet describes the Personal Data that Cisco collects and processes as part of delivering the Cisco Technology to You.
4.3 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.
Section 5. Ownership
Except where agreed in writing, nothing in this Agreement 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. Cisco may use any feedback You provide in connection with Your use of the Cisco Technology as part of its business operations without acknowledgment or compensation to You.
Section 6. Warranties and Representations
Cisco provides this Cisco Technology “AS-IS” and, to the extent allowed by applicable 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, merchantable quality, fitness for a particular purpose or use or non-infringement, or that the Cisco Technology will be secure, uninterrupted or error free. 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, where prohibited, they will not apply.
Section 7. Liability
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. The maximum aggregate liability of each party under this Agreement is limited to $500 USD. These limitations of liability do NOT apply to liability arising from Your breach of Sections 2.1 (License and Right to Use), Error! Reference source not found..1 (Cisco Technology Generally), 3.2 (Cloud Services) or 9.7 (Export). These limitations of liability apply 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 Agreement limits or excludes any liability that cannot be limited or excluded under applicable law. These limitations of liability are cumulative and not per incident.
Section 8. Termination and Suspension
Cisco, in its sole discretion and for any or no reason, may suspend or terminate Your Usage Rights to this Cisco Technology or any part thereof and any termination may be without prior notice and without liability to Cisco. Cisco may, for example, suspend or terminate Your Usage Rights immediately if You breach Sections 2.1 (License and Right to Use), Error! Reference source not found..1 (Cisco Technology Generally), or 9.7 (Export). Upon termination of this Agreement, You must stop using the Cisco Technology and destroy any copies of Software and Confidential Information within Your control.
Section 9. General Provisions
9.1 Survival. Sections 4 (Confidential Information and Use of Data), 5 (Ownership), 7 (Liability), 8 (Termination and Suspension), and 9 (General Provisions) survive termination or expiration of this Agreement.
9.2 Third-Party Beneficiaries. This Agreement does not grant any right or cause of action to any third party.
9.3 Assignment and Subcontracting. Except as set out below, neither party may assign or novate this Agreement in whole or in part without the other party’s express written consent. Cisco may (a) by written notice to You, assign or novate this Agreement 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 (b) 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 Agreement.
9.4 U.S. 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 U.S. Government end users acquire the Cisco Technology and Documentation with only those rights set forth in this Agreement. Any provisions that are inconsistent with federal procurement regulations are not enforceable against the U.S. Government
9.5 Modifications to this Agreement. Cisco may change this Agreement or any of its components by updating it on the Documentation page for the Cisco Technology. Cisco will make commercially reasonable efforts to provide public notice of any material changes by posting the revised Agreement three business days in advance of its effective date. If you do not agree with the changes, you will immediately discontinue use of the Cisco Technology. If you continue using the Cisco Technology after that time, you will be deemed to have accepted the changes.
9.6 Compliance with Laws. Each party will comply with all laws and regulations applicable to their respective obligations under this Agreement. Cisco may restrict the availability of the Cisco Technology in any particular location or modify or discontinue features to comply with applicable laws and regulations.
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., China), You acknowledge that You are the entity responsible for complying with such laws.
9.7 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.
9.8 Governing Law and Venue. This Agreement, and any disputes arising from it, will be governed exclusively by the governing law below, based on Your primary place of business (or primary residence, if you are not a 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 Agreement or its formation, interpretation or enforcement. Each party consents and submits to the exclusive jurisdiction of such courts. Regardless of the below governing law, either party may seek interim injunctive relief in any court of appropriate jurisdiction with respect to 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 | Italy | Court of Milan |
| Japan | 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 United States public sector agency or government institution located in the United States, the laws of the primary jurisdiction in which You are located will govern this Agreement and any disputes arising from it. For U.S. Federal Government users, this Agreement will be controlled and construed under the laws of the United States.
9.9 Notice. Any notice delivered by Cisco to You under this Agreement will be posted on the Documentation page for the Cisco Technology. Notices to Cisco should be sent to Cisco Systems, Inc., Office of General Counsel, 170 West Tasman Drive, San Jose, CA 95134.
9.10 Force Majeure. Neither party will be responsible for failure to perform its obligations due to an event or circumstances beyond its reasonable control.
9.11 No Waiver. Failure by either party to enforce any right under this Agreement will not waive that right.
9.12 Severability. If any portion of this Agreement is not enforceable, it will not affect any other terms.
9.13 Entire Agreement. This Agreement is the complete agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous communications, understandings or agreements (whether written or oral).
9.14 Translations. Cisco may provide local language translations of this Agreement in some locations. You agree that those translations are provided for informational purposes only and if there is any inconsistency, the English version of this Agreement will prevail.
9.15 Order of Precedence. If there is any conflict between this Agreement and any Cisco policies expressly referenced in this Agreement, the order of precedence is: (a) this Agreement; then (b) any applicable Cisco policy expressly referenced in this Agreement.
9.16 Language Election for Purchasers in Quebec. You confirm Your agreement that this Cisco Technology is currently provided in English only.
Section 10. Additional Terms
10.1 Capacity Restrictions. Cisco is making this Cisco Technology available to You without charge, up to certain capacity limits as described in the Documentation pages for the Cisco Technology.
10.2 Limited Community Support. This Cisco Technology is provided on a free-of-charge basis, as-is, and without support. Cisco has no obligation to maintain, repair, or upgrade this Cisco Technology and Cisco will not provide user support services in connection with this Cisco Technology. You can refer to self-service help materials that cover a range of topics in the Documentation pages or reach out to our community forum to engage in community support discussions at https://community.cisco.com/. Cisco makes no representations about and has no liability for these community support resources. All use of these resources, and the advice and guidance therein, is at Your own risk.
10.3 Preview Functionality. You understand and acknowledge that Cisco may, from time to time, include certain free and optional features or functionality in preview or beta stage (“Preview Features”). Cisco may, in its discretion, stop providing the Preview Features at any time, at which point You will no longer have access to any related data, information, and files, and must immediately cease using the Preview Features. Cisco may or may not choose to commercialize them. Preview Features may not have been subject to the usual testing and quality assurance processes and may contain bugs, errors, or other issues. Unless agreed in writing by Cisco, You will not put Preview Features into production use. Cisco provides the Preview Features “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 Preview Features.
Section 11. 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; or (b) be able to direct the affairs of the relevant party through any lawful means (e.g., a contract that allows control).
“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 (a) content or data provided by Cisco to You as part of Your use of the Cisco Technology and (b) content or data that the Cisco Technology generates or derives in connection with Your use. Cisco Content includes geographic and domain information, rules, signatures, threat intelligence, and data feeds, and Cisco’s compilation of suspicious URLs.
“Cloud Service” means the Cisco hosted software-as-a-service offering or other Cisco cloud-enabled feature described in this Agreement. Cloud Services include 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 Agreement, which is (a) conspicuously marked as confidential or, if verbally disclosed, is summarized in writing to the Recipient within a reasonable time period after disclosure and marked as confidential; or (b) is information which by its nature should reasonably be considered confidential whether disclosed in writing or verbally.
“Delivery Date” means the date on which the Cloud Service is made available for Your use or, when Usage Rights in Software and Cloud Services are granted together, the earlier of the date Software is made available for download, or the date on which the Cloud Service is made available for Your use.
“Documentation” means the technical specifications and usage materials officially published by Cisco or available on https://docs.panoptica.app specifying the functionalities and capabilities of the applicable Cisco Technology.
“Entitlement” means the specific metrics, duration, and quantity of Cisco Technology that You acquire from Cisco under this Agreement.
“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 using the Cisco Technology.
