What is the Cisco User Group Agreement?

Document created by ladougla on May 27, 2009Last modified by ladougla on Jun 1, 2009
Version 5Show Document
  • View in full screen mode

During the Cisco Collaboration and Contact Center User Groups sign-up process, you accept the following user group agreement.  For your convenience, we've included them here for your reference.




This Agreement is made and entered into by and between Cisco Systems, Inc., a California corporation, having its principal place of business at 170 W. Tasman Dr., San Jose, CA 95134-1706 ("Cisco") and the person or entity executing this Agreement ("User"). This Agreement enters into effect as of the date User accepts this Agreement (the "Effective Date").

User is a partner, customer or potential customer of Cisco who has registered with the Cisco Community Central Website located at https://communities.cisco.com/community/technology/collaboration (the "Site"). The Site includes web pages dedicated to various Cisco user groups ("CUG"). CUG are intended to promote collaboration, knowledge acquisition and information sharing among Cisco and its user community (the "Purpose"). Before joining any of the CUG, User must agree to the terms and conditions hereof. Accordingly, User agrees as follows:

1. Confidential Information. "Confidential Information" means: (i) the terms and conditions of this Agreement; (ii) all information marked as "Confidential," "Proprietary" or a similar legend if disclosed in writing or other tangible form; (iii) all information identified as "confidential," "proprietary" or the like at the time of disclosure if information is disclosed orally; or (iv) all information User knows or reasonably should know is confidential, proprietary or trade secret information of Cisco. For the avoidance of doubt, Cisco product roadmaps, product development plans, pre-release products or product information, sales and marketing plans, and research and development activities, constitute Confidential Information whether or not designated as "Confidential" or "Proprietary."

2. Terms of Use. In addition to the terms of this Agreement, User participation in the CUG is subject also to the terms and conditions of the Site Acceptable Use Policy located at the following URL: https://communities.cisco.com/docs/DOC-1054 ("AUP"). In the event of any conflict or inconsistency between the terms of this Agreement and the AUP, this Agreement controls.

3. Contact by Cisco. User hereby consents to receipt of email communications from Cisco regarding information and activities relevant to CUG members.

4. User Information. User acknowledges and agrees that: (i) this Agreement does not protect disclosures made by User to Cisco; and (ii) Cisco does not wish to receive confidential, proprietary or trade secret information from User in connection with the CUG. In the event that User wishes to disclose confidential, proprietary or trade secret information to Cisco outside the scope of the CUG or otherwise, the parties should execute a separate non-disclosure agreement detailing with specificity the information to be disclosed and the purpose(s) therefor.

5. Term. The term of this Agreement shall continue from the Effective Date until terminated by either party by giving at least thirty (30) days written notice to the other party. Notwithstanding any termination, the obligations of the parties concerning confidentiality shall continue for five (5) years following receipt of the Confidential Information.

6. Exceptions to Confidential Information. User shall have no obligation with respect to information which (i) was rightfully in possession of or known to User without any obligation of confidentiality prior to receiving from Cisco; (ii) is, or subsequently becomes, legally and publicly available without breach of this Agreement; (iii) is rightfully obtained by User from a source other than Cisco without any obligation of confidentiality; or (iv) is developed by or for the User without use of the Confidential Information and such independent development can be shown by documentary evidence. Further, User may disclose Confidential Information pursuant to a valid order issued by a court or government agency, provided that User provides to Cisco: (a) prior written notice of such obligation; and (b) a reasonable opportunity to oppose such disclosure or obtain a protective order.

7. Obligations of the Receiving Party. User may only use Confidential Information in furtherance of the Purpose and shall not disclose the Confidential Information to any third party; provided, however, User may disclose Confidential Information to other CUG members where designated on the applicable CUG webpage(s). User shall safeguard the Confidential Information with the same degree of care, but not less than reasonable care, as it uses to protect its own confidential or proprietary information.

8. Cisco Ownership. Cisco retains all right, title and interest to the Confidential Information. No license to any existing or future intellectual property right is either granted or implied by the disclosure of Confidential Information. User may not reverse-engineer, decompile, or disassemble, modify or copy (except for making a single back-up copy) any software disclosed under this Agreement or in connection with the CUG. User shall not remove, overprint, deface or change any notice of confidentiality, copyright, trademark, logo, legend or other notice on or related to Confidential Information, whether originals or copies.

9. Return or Destruction of Confidential Information. Upon written demand, User shall: (i) cease using the Confidential Information, (ii) return the Confidential Information and all copies, notes or extracts thereof to Cisco within seven (7) days of receipt of demand; and (iii) certify in writing that User has complied with the obligations set forth in this paragraph.

10. Feedback. By providing any comments, suggestions, improvements or any other information or materials in connection with the CUG (collectively "Feedback"), User grants to Cisco (including its sublicensees and assigns) a non-exclusive, irrevocable, worldwide, perpetual, royalty-free license, under all of User's intellectual property rights, to display, copy, edit, create derivative works, market, sell, import, distribute (including through resellers or multiple tiers of distribution) such Feedback. Cisco may disclose and sublicense Feedback to third parties for any purpose. Any use of Feedback by Cisco is in its sole discretion. User warrants and represents that it has all necessary rights to disclose Feedback or any other information or materials in connection with the CUG.

11. Export. User hereby acknowledges that Confidential Information may be subject to export controls under the laws and regulations of the United States (U.S.). User shall comply with such laws and regulations governing use, export, re-export, and transfer of technology and will obtain all required U.S. and local authorizations, permits, or licenses. User acknowledges that detailed information regarding compliance with U.S. use, export, re-export, and transfer laws may be found at: http://www.cisco.com/wwl/export/compliance_provision.html.

12. Disclaimer. ALL CONFIDENTIAL INFORMATION IS PROVIDED "AS IS". Cisco shall not be liable for the accuracy or completeness of the Confidential Information, nor are there any express or implied representations or warranties by Cisco with respect to the infringement of any intellectual property rights, or any right of privacy, or any rights of third persons.

13. Press release. User shall not issue any press release or public disclosure regarding this Agreement or the CUG without the prior written consent of Cisco.

14. General.

14.1 Each party acknowledges that monetary remedies may be inadequate to protect Confidential Information and that Cisco may seek injunctive relief in the event of any threatened or actual breach of any of the obligations hereunder.

14.2 The parties are independent contractors.  User may not assign this Agreement without the express written consent of Cisco.

14.3 If any term of this Agreement shall be held to be illegal or unenforceable, the remaining terms shall remain in full force and effect.

14.4 This Agreement shall be construed in accordance with the laws of the State of California, excluding its conflict of laws rules.

14.5 This Agreement is the entire agreement of the parties pertaining to the subject matter of this Agreement and may be modified only by a writing signed by both parties. This Agreement supersedes any and all prior oral discussions and/or written correspondence or agreements between the parties with respect thereto, all of which are excluded. The failure of a party to enforce its rights in the case of any breach of this Agreement shall not be construed to constitute a waiver of its rights with respect to any subsequent breach.

14.6 Except as set forth below, any notice required or permitted to be given by either party under this Agreement shall be in writing, e-mail, or facsimile and and will be deemed given: (a) when delivered personally; (b) when sent by confirmed facsimile or e-mail (followed by the actual document in air mail/air courier); (c) three days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (d) one day after deposit with a commercial express courier specifying next day delivery (or two days for international courier packages specifying two-day delivery), with written verification of receipt. To be effective, any notice to Cisco hereunder must be sent via certified mail, return receipt requested or by a commercial express courier specifying next day delivery (or two days for international notice), addressed as follows: General Counsel, Cisco Systems, Inc., 170 West Tasman Drive, San Jose, CA 95134. E-mail notice to User shall be delivered to the email address in User's site profile. User hereby consents to receipt of notice(s) or other CUG communications at such e-mail address.