Some licenses claim to prohibit users from disclosing data on the performance of the software, but this has yet to be challenged in court. 12.5. Cisco Partnership Operations. If you purchase Cisco Technology from a Cisco partner, the terms and conditions of this CLU apply to your use of this Cisco technology and prevail over the inconsistent provisions of your agreement with partner Cisco. Using products and/or software and adding unique identifiers (such as username, the role and email address) of the users you have logged into your account (including the above information) you confirm that you have received and provided the information and data about those users that you have collected and provided in this way, with the full and unconditional consent of the owners of this data and with an understanding of the extent and purpose of the use. 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. 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, Vault Corp. v. Quaid Software Ltd.  Other courts have found that the Shrinkwrap licensing agreement is valid and enforceable: cf. ProCD, Inc. v. Zeidenberg, Microsoft v. Harmony Computers, v. Novell Network Trade Center, and Ariz.
Cartridge Remanufacturers Ass`n v. Lexmark Int`l, Inc. 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. 8. Property Rights, Business Secrets You recognize and accept that (a) all copyrights and other intellectual property rights worldwide and (b) the ownership rights of the Software and all subsequent copies, regardless of form or carrier, are the exclusive property of AJAX and its suppliers (if any).