2.4. Additional software upgrades or copies. You can only use additional updates or copies of the software beyond your license if you (a) have acquired these rights under a support contract covering the corresponding software; or (b) You have acquired the right to use additional updates or copies separately. 2.1. License and right to use. Cisco grants you a non-exclusive, non-transferable license (except for the Cisco Software Transfer and Re-Use Policy) (a) license to use the software; and (b) The right to use cloud services as purchased by an authorized source, for your direct benefit during the period of use and as stated in your claim and in this BAUX (together “rights of use”). Neither party is responsible for indirect, accidental, exemplary, special or consecutive damages; loss or damage to data, interruption or loss of operations; Revenue, profits, revenue or expected turnover or savings. The maximum overall liability of each party under this CLU is limited to (a) for rights derived exclusively from permanently licensed software, the fees that Cisco receives for this software; or (b) for all other claims, the fees that Cisco receives for applicable Cisco technology and are attributable to the 12-month period just prior to the first event that creates liability. In the event that the licensee has received a Delphi Community Edition or a C-Builder Community Edition, the following conditions apply in addition to the terms and conditions described in Section 2. Please note that RAD Studio is not available and may not be licensed as a Community Edition. The Community Edition license applies only if the licensee`s cumulative annual turnover (the for-profit organization, the public body or the individual developer) or any donation (the non-profit organization) does not exceed USD 5,000.00 (or the counter-value in other currencies) (the “threshold”). If the licensee is an individual developer, the revenue from all contract work performed by the developer in a calendar year must not exceed the threshold (whether or not the Community Edition is used for all projects).
For example, a developer who receives a payment of $5,000.00 for a single project (or more than $5,000.00 for multiple projects), even if these projects do not anticipate the use of Community Edition, does not allow the Use of the Community Edition. In addition, a developer who exclusively builds an App Store app would not be allowed to use the Community Edition as soon as App Store revenue reaches $5,000 or more in a year. If the taker is a company with a cumulative annual turnover above the threshold, the licensee cannot use the Community Edition, whether the Community Edition is used exclusively for writing internal applications of the company or is seen by third parties outside the company or generates direct revenue. If the licensee is not entitled to use the Community Edition or otherwise fulfill the additional conditions and restrictions that apply to the Community Edition described in this section, the licensee may not download or use the Community Edition, and this use is not permitted, constitutes a violation of this Agreement and may constitute a misappropriation of the licensee`s intellectual property rights.