Cisco Digital Network Architecture (DNA) Readiness Advisor Assessment
1. Use of the Assessment
You may use the Assessment and its output for free and upload your information into the Assessment tool in order to receive the document generated by the Assessment tool ("Document"). The Document has two main portions: the IDC Research, Inc. ("IDC") (the provider and host of the underlying tool as well as the research analysis) portion and the Cisco or Cisco partner portion.
2. Use of the Assessment, Document and Services
You may use the Assessment, Document and related Cisco services ("Services") only as permitted in this Agreement, and any applicable documentation and training materials. You will not resell, reframe, reproduce, create new works from, distribute, use on a timeshare, outsourced, or service bureau basis, or otherwise directly commercialize the sale or lease of the use of the Assessment, Document and Services, either in whole or in part. You may need to provide additional information in order to receive and/or use the Assessment, Document and Services. You warrant that the information you provide is truthful, does not infringe any third party intellectual or privacy rights and is accurate.
3. Affiliates, Approved Sources or Subcontractors
In certain jurisdictions, We may provide the Assessment, Document and Services on behalf of a Cisco affiliate, and/or may have a Cisco affiliate, subcontractor authorized reseller, distributor or systems integrator (collectively, an "Approved Source") provide the Assessment, Document and Services.
4. Content, Data & Contact
- Content. We will not monitor Content, except: (i) as needed to provide, support or improve the provision of the Assessment, Document and Services, (ii) investigate potential or suspected fraud, (iii) where instructed or permitted by you, or (iv) as otherwise required by law or to exercise or protect Our legal rights. "Content" means all written communications, files, data documents, or any other material displayed, posted, uploaded, stored, exchanged or transmitted on or through your use of the Services or otherwise provided on website or online space related to the Services (a "Site.")
5. Ownership, Responsibility and Violation
- Ownership. Cisco and IDC own the Assessment, and the relevant Document templates.
- Responsibility for the Content and Services. You are solely responsible for your use of the Services. We are not liable to you, for any loss or damages arising from any Content. We do not endorse and have no control over what you submit to a Site. We cannot guarantee the accuracy of any Content provided by you.
- Violation. We reserve the right to monitor your Content, Sites, or use of the Services in compliance with the Agreement. We may investigate any complaints and violations or suspected violations of this Agreement that come to Our attention. If We reasonably determine there is a breach of this Agreement regarding the Content, We may take action without liability to Us to remedy the violation. We will make commercially reasonable efforts to notify you before taking such actions so that you can remedy the issue. However, We reserve the right to act immediately if We reasonably believe that allowing such Content or use of the Services would expose Us to civil, regulatory or criminal liability. You agree to indemnify, defend and hold harmless Us from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from your use of the Services.
6. LIMITATION OF LIABILITY
THE ASSESSMENT, SERVICES AND THE DOCUMENT ARE PROVIDED "AS IS" WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. CISCO, ITS SUPPLIERS, INCLUDING IDC, DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEITHER CISCO NOR IDC WARRANTS THAT THE DOCUMENT WILL BE ACCURATE, COMPLETE, MEET YOUR OR CUSTOMER'S NEEDS OR BE FREE FROM ERRORS. ANY USE OF THE DOCUMENT IS AT YOUR AND YOUR CUSTOMER'S OWN RISK. CISCO, ITS SUPPLIERS, INCLUDING IDC, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE ASSESSMENT, SERVICES OR THE DOCUMENT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE ASSESSMENT, SERVICES OR THE DOCUMENT, EVEN IF CISCO OR ITS SUPPLIERS, INCLUDING IDC, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Term and Termination
- The term of this Agreement is from the date when you start using the Assessment, Document or the Services and ends as provided herein. Either party may terminate this Agreement upon thirty (30) days prior written notice to the other party, with or without cause. Each party may terminate this Agreement by giving written notice to the other party if the other party materially breaches this Agreement and does not cure that breach within thirty (30) days after receiving written notice of the breach.
- The following provisions will survive the expiration or termination of this Agreement: Sections 4(b) (to the extent Cisco has such information), 5, 6, 7(b) and 8. Upon any termination of this Agreement, you must cease any further use of the Services and destroy any copies of Software within your control.
- Assignment. We may assign Our rights and delegate Our obligations in whole or in part to an Approved Source without your consent. Other than the above, neither party may assign or delegate this Agreement.
- Force Majeure. Neither party will be responsible for failure of performance due to causes beyond its reasonable control. Such causes include (without limitation) accidents, severe weather events, acts of God, labor disputes, actions of any government agency, epidemic, pandemic, shortage of materials, acts of terrorism, or the stability or availability of the Internet or connectivity outside of the control of a party.
- Waiver. Failure to enforce any right under this Agreement will not waive that right.
- Severability. If any particular term of this Agreement is not enforceable, this will not affect any other terms.
- Governing Law and Jurisdiction. This Agreement and any action related thereto shall be governed, controlled, interpreted and defined by and under the laws of the State of California and the United States, without regard to the conflicts of laws provisions thereof. The exclusive jurisdiction and venue of any action with respect to the subject matter of this Agreement shall be the state courts of the State of California for the County of Santa Clara or the United States District Court for the Northern District of California and each of the parties hereto submits itself to the exclusive jurisdiction and venue of such courts for the purpose of any such action. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods.
- Relationship of the Parties. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
- Notices. We may provide you with notice via email, regular mail and/or postings on Our website. Notices to Us should be sent to the email address We provided or to Cisco Systems, Office of General Counsel, 170 Tasman Drive, San Jose, 95134 USA.
Cisco Acceptable Use Policy
1. Use of the Assessment, Document and Services provided by Cisco Systems, Inc. or its direct or indirect affiliates ("Cisco") is subject to this Acceptable Use Policy ("Policy"). If there is a conflict between this Policy and the Agreement, the Agreement will prevail.
2. This Policy applies to anyone who uses the Services, including without limitation the legal entity doing business with Cisco ("Customer"). Customers are referred to in this Policy as "You."
3. Cisco reserves the right to amend or modify this Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on You. By using or accessing the Services, You are agreeing to this Policy.
4. You agree not to use, or encourage, promote, facilitate or instruct others to use the Services to:
- Commit or encourage fraudulent or other illegal activities in violation of any applicable law, regulation, legal agreement or Cisco's published policies
- Infringe or misappropriate any copyright, trademark or other intellectual property, proprietary right, license right, or legal content protections
- Use, store, share, host, copy, distribute, display, publish, transmit or send content that is or may be deemed offensive, inflammatory, hateful, defamatory, discriminatory, obscene, abusive, invasive of privacy, harmful to others, or otherwise objectionable
- Access or probe any network, computer or communications system, software application, or network or computing device systems ("Systems") without authorization, including but not limited to breaches, vulnerability scans or penetration testing
- Attack, abuse, interfere with, surreptitiously intercept, or disrupt any users, Systems or services, including but not limited to Denial of Service (DoS), unauthorized monitoring or crawling, distribution of malware (including but not limited to viruses, Trojan horses, worms, time bombs, spyware, adware, or cancelbots)
- Distribute unwanted, unsolicited or harassing mass e-mail or other messages, promotions, advertising, or solicitations ("Spam")
- Alter, forge or obscure mail headers or assume a sender's identity without the sender's express permission, nor collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider
- Disable, interfere with, abuse, disrupt, intercept, circumvent or otherwise violate the security of the Services
5. Cisco has the right, but does not assume the obligation, to monitor and investigate violations of this Policy. Failure to comply with or breach of this Policy constitutes a material breach of the terms and conditions upon which You are permitted to use the Services, and at any time, may result in Cisco taking any and all actions in its sole discretion and with immediate effect (in its reasonable discretion), up to and including:
- suspending or terminating access to the Services;
- removing or prohibiting access to content that violates this Policy;
- legal proceedings against You for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against You; and/or
- disclosure of such information to law enforcement authorities as Cisco reasonably feels is necessary or appropriate.
6. For Customers under the jurisdiction of the United States Digital Millennium Copyright Act, if You believe that the Services is being used to violate your copyright, please follow our DMCA policy located at http://www.cisco.com/web/siteassets/legal/terms_condition.html. If Your Content has been removed, please see our DMCA policy for the counter-notice process.