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. In addition to the doctrine of implied exhaustion, the distributor may include patent licenses with software. Recently, publishers have begun encrypting their software packages to prevent the user from installing the software without accepting the license agreement or violating the Digital Millennium Copyright Act (DMCA) and foreign counterparts. [Citation required] End-user licensing agreements were also criticized for containing conditions that impose incriminating obligations on consumers. For example, Clickwrapped, a service that evaluates consumer companies based on respect for users` rights, indicates that they increasingly contain a term that prevents a user from suing the company.  Forms often prohibit users from reverse engineering. It can also make it more difficult to develop third-party software that collaborates with the software conceded, thereby increasing the value of the publisher`s solutions by reducing customer choice.
In the United States, the provisions of the CLUE may prejudge engineering inversion rights, which are implied by fair dealing, c.f. Bowers v. Baystate Technologies. By installing and using the software, you declare and guarantee that you have the legal capacity and authority to enter into a binding agreement to comply with the terms of that license and that the software is used only in accordance with the terms of that license and with all applicable laws. Many companies have parodied this belief that users do not read end-user licensing agreements by adding unusual clauses, knowing that few users will ever read them. As an April joke, Gamestation added a clause stating that users who placed an order on April 1, 2010 agreed to give their souls irrevocably to the company, which was accepted by 7,500 users. Although there is a box to be contributed to exclude the “immortal soul” clause, few users have verified it, and Gamestation has concluded that 88% of its users have not read the agreement.  The PC Pitstop program contained a clause in its end-user license agreement that stipulated that anyone who read the clause and contacted the company would receive a financial reward, but it took four months and more than 3,000 software downloads before someone collected them.  During the installation of version 4 of the Advanced Reading Tool, the installer measured the time elapsed between the appearance and acceptance of end-user licensing agreements to calculate the average playback speed.
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