THIS TERMS OF USE AGREEMENT (“AGREEMENT”) DESCRIBES THE RIGHTS AND RESPONSIBILITIES RELATED TO YOUR USE AND ACCESS OF THE CLOUD SERVICE BETWEEN YOU AND CISCO. BY CLICKING ON ‘AGREE’, ‘INSTALL,’ SETTING UP YOUR DEVICE TO USE AN OPENDNS NAMESERVER, OR BY USING THE CLOUD SERVICE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ITS TERMS, DO NOT CLICK ‘AGREE’ OR ‘INSTALL’ AND DO NOT SET UP YOUR DEVICE TO USE AN OPENDNS NAMESERVER OR OTHERWISE USE THE CLOUD SERVICE. IF YOU ARE LOCATED IN RUSSIA, CHINA, OR BELARUS, YOU ARE NOT AUTHORIZED TO USE THE CLOUD SERVICE.

Section 1. Your Use of the Cloud Service

1. Your Use of the Cloud Service and Cisco Content. You may use the Cloud Service solely for your personal use in accordance with this Agreement and the Documentation. You are responsible for the accuracy and quality of Your Data, the means by which You acquired Your Data and Your use of Your Data with our Cloud Service. You will not (i) impede or interfere with the security, stability, availability or performance of the Cloud Service, or any other network or service (e.g., denial-of-service attacks, penetration testing or distribution of malware); (ii) transfer, sell, sublicense, monetize or distribute the Cloud Service; (iii) provide functionality to the Cloud Service to any third party; (iv) establish regular and frequent automated queries to an external site, such as port scanning of a third party entity not in Your control, or use offensive security technologies against a third party through the use of the Cloud Service; (v) use the Cloud Service to access websites or blocked services in violation of applicable law and/or regulation; (vi) use the Cloud Service for the purpose of intentionally masking Your identity in connection with the commission of unlawful activities or to otherwise avoid legal process. If Your use of the Cloud Service requires or permits You to use any Cisco Content, You may only use such Cisco Content with the Cloud Service and with third-party products or service offerings that Cisco has identified as compatible with the Cloud Service.
2. You are responsible for Your Data. Cisco does not endorse and has no control over what You submit through the Cloud Service. You are responsible for Your Data submitted to or created in the Cloud Service. You represent that all account information You provide is accurate and will be kept up to date. In addition, You will use reasonable means to protect Your account information, passwords and other login credentials for the Cloud Service, and promptly notify Cisco of any known or suspected unauthorized use of or access to Your account.
3. Support. Technical support for the Cloud Service is limited to email support at support@opendns.com and the forum support available at https://www.opendns.com/support/. Should You submit technical support questions or comments to Cisco via the forum, You acknowledge and agree Cisco may edit and post those questions or comments with the response without revealing personal information on Cisco’s forum support web site and that all such questions or comments shall be Cisco’s property.

Section 2. Data Protection and Privacy

1. How we use Your data. Cisco respects Your Data and will access and use Your Data in accordance with the Data Briefs found on Cisco Trust Portal. In addition, if Cisco processes Your Data, including any Personal Data, Cisco will process such data according to: (i) the Data Processing Agreement for Personal Data (which is incorporated by reference); (ii) the security measures described in Cisco’s Information Security Exhibit; (iii) the Cisco Umbrella Privacy Data Sheet, and (iv) the appliable privacy and data protection laws.
2. Notice and Consent. You are also responsible for providing notice to, and getting consents from individuals (e.g., household members) whose data may be collected, processed, transferred and stored through use of the Cloud Service.

Section 3. Ownership and Software Licensing Rights

1. Ownership. Nothing in this Agreement transfers ownership in any intellectual property rights. You keep ownership of Your Data and Cisco keeps ownership of the Cloud Service and Cisco Content. Cisco may use any feedback You provide in connection with Your use of the Cloud Service.
2. Software License & Restrictions. To use the Cloud Service, You may be required to download and install Cisco software (“Software”). Cisco grants you a limited, non-exclusive, non-sublicensable and non-transferable license to use the Software solely as required to use the Cloud Service. The Software may contain code that is subject to its own license terms. You may not and may not allow a third party to modify, reverse engineer, decompile, or otherwise attempt to derive the source code for the Software, or create derivative works of the Software except as legally permitted for interoperability purposes. You will not extract Cisco Content from the Software, or provide Cisco Content to a third party.

Section 4. Warranties, Disclaimers and Limitation of Liability

1. DISCLAIMER. CISCO MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND REGARDING THE CLOUD SERVICE. THIS DISCLAIMER INCLUDES ANY WARRANTY, CONDITION OR OTHER TERM AS TO MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR PURPOSE OR USE, COURSE OF DEALING, USAGE OF TRADE, OR NON-INFRINGEMENT. CISCO DOES NOT WARRANT THAT CLOUD SERVICE WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. DUE TO THE CONTINUAL DEVELOPMENT OF NEW TECHNIQUES FOR INTRUDING UPON AND ATTACKING FILES, NETWORKS, AND ENDPOINTS, CISCO DOES NOT REPRESENT OR WARRANT THAT THE CLOUD SERVICE WILL GUARANTEE ABSOLUTE SECURITY OR THAT IT WILL PROTECT ALL YOUR FILES, NETWORK, OR ENDPOINTS FROM ALL MALWARE, VIRUSES, OR THIRD-PARTY MALICIOUS ATTACKS.
2. LIMITATION OF LIABILITY. IN NO EVENT WILL CISCO BE LIABLE FOR (I) INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES; (II) LOSS OR CORRUPTION OF DATA OR INTERRUPTED OR LOSS OF BUSINESS; (III) LOSS OF REVENUES, PROFITS, GOODWILL OR ANTICIPATED SALES OR SAVINGS OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). THIS LIMITATION OF LIABILITY APPLIES WHETHER THE CLAIMS ARE IN WARRANTY, CONTRACT, TORT, INFRINGEMENT, OR OTHERWISE, EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CISCO’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE CLOUD SERVICE, SOFTWARE, CISCO CONTENT AND/OR THE DOCUMENTATION EXCEED FIFTY U.S. DOLLARS ($50.00 USD). CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Section 5. Term and Termination.

You may terminate the Cloud Service by simply cancelling your Cloud Service account, discontinuing Your use of the Cloud Service and uninstalling the Software. Cisco may terminate your access to all or any part of the free Cloud Service and Software at any time, with or without cause and with or without notice. Additionally, for any fee-based Cloud Service or Software, if You commit a breach of any provision of this Agreement which is not cured within thirty (30) days of written notice from Cisco, then Cisco may terminate your access to all or any part of the Cloud Service. The following sections survive the expiration or termination of this Agreement: Sections 2, 3, 4, the last sentence of Section 5, and Section 6 and 7.

Section 6. General Provisions

1. Assignment and Subcontracting. We may assign any of our rights or delegate any of our obligations under this Agreement in our sole discretion. We may also subcontract the performance of the Cloud Service to third parties. Any such subcontract will not relieve Cisco of any of its obligations under this Agreement. You may not assign this Agreement without the prior written consent of Cisco.
2. Changes to Agreement. As our business evolves, we may modify this Agreement and Your continued use of the Cloud Service will be deemed Your acceptance of the modified Agreement.
3. Export. Cisco’s products are subject to US and other export control and sanctions laws around the world. These laws govern the use, transfer, export and re-export of Cisco products. Each party will comply with such laws and obtain all licenses or authorizations it is required to maintain. Please refer to Cisco’s trade compliance policies at the General Export Compliance webpage.
4. Compliance with Laws. Cisco will comply with all applicable laws when providing the Cloud Service. We may restrict the availability of the Cloud Service in any particular location or modify or discontinue Cloud Service features to comply with applicable laws and regulations. You will comply with all applicable laws relating to Your receipt and use of the Cloud Service, including sector specific requirements and obtaining required licenses or permits, if any. Cisco will also share information as necessary to comply with laws and subject to Cisco’s policy on law enforcement requests found at http://www.cisco.com/c/en/us/about/trust-transparency-center/validation/report.html.
5. Governing Law and Venue. The Agreement, and any disputes arising out of or related hereto, are subject to the governing law and exclusive jurisdiction and venue listed below, based on Your primary domicile address and without regard to conflicts of laws rules. Each party consents and submits to the exclusive jurisdiction of the courts in the listed venue. These laws apply despite conflicts of laws rules or the United Nations Convention on Contracts for the International Sale of Goods. Despite the below, either party may seek interim injunctive relief in any court of appropriate jurisdiction regarding any alleged breach of confidentiality obligations or intellectual property or proprietary rights.

   Your Primary Domicile Address	Governing Law	Jurisdiction and Venue
   United States, Latin America or the Caribbean, or a location not specified below	State of California, United States	Superior Court of California, County of Santa Clara and Federal Courts of the Northern District of California
   Africa, Asia*, Europe*, Middle East, Oceania*	England	English Courts
   Australia	State of New South Wales, Australia	State and Federal Courts in New South Wales
   Canada	Province of Ontario, Canada	Courts of the Province of Ontario
   Mainland China	People’s Republic of China	Hong Kong International Arbitration Center
   Italy	Italy	Court of Milan
   Japan	Japan	Tokyo District Court of Japan

   *Excluding locations listed separately in this table.
6. Notification. Cisco may provide You with notice via email, regular mail and/or postings on the www.opendns.com website or any other website used as part of the Cloud Service. Notices to Cisco should be sent to Cisco Systems, Office of General Counsel, 170 Tasman Drive, San Jose, CA 95134.
7. Force Majeure. Neither of us will be responsible for failure of performance due to a Force Majeure Event.
8. Reservation of Rights. Failure to enforce any right under this Agreement will not waive that right.
9. Severability. If any term of this Agreement is not enforceable, this will not affect any other terms in this Agreement.
10. Complete Agreement. This Agreement is the complete agreement between the parties concerning the Cloud Service and supersedes all prior or contemporaneous communications, understandings or agreements (whether written or oral) regarding this subject matter. The parties agree that the English version of this Agreement will govern in the event of a conflict between it and any version translated into another language.
11. Order of precedence. If there is any conflict between the terms of this Agreement and the various other documents referenced, the order of precedence (from highest to lowest) is:
    1. Data Processing Agreement;
    2. Information Security Exhibit;
    3. Umbrella Privacy Data Sheet;
    4. The terms of this Agreement; then
    5. Cisco policies referenced in the terms of this Agreement.
12. Third party beneficiaries. These terms do not grant any right or cause of action to any third party.

Section 7. Definitions

“Cisco” “we,” “our” or “us” means Cisco Systems, Inc.

“Cisco Content” means any Systems Information and data, materials or other content provided by Cisco directly or indirectly to You as part of Your access to the Cloud Service including, but not limited to, geographic and domain information, rules, signatures, threat intelligence or other threat data feeds, suspicious URLs and IP address data feeds.

“Cloud Service” means the Cisco hosted software-as-a-service offering made available at https://www.opendns.com/home-internet-security/. Cloud Service also refers to our OpenDNS nameservers that are available for free use on Your device(s) without registering for an account or Cloud Service package.

“Documentation” means the technical specifications and use materials officially published by Cisco specifying the functionalities and capabilities of the Cloud Service as updated from time to time.

“Force Majeure Event” means an event beyond the affected party’s reasonable control, including accidents, severe weather events, acts of God, actions of any government agency, epidemic, pandemic, acts of terrorism, or the stability or availability of the Internet or a portion thereof.

“Personal Data” means any information about, or relating to, an identifiable individual. It includes any information that can be linked to an individual or used to, directly or indirectly, identify an individual, natural person. Further information regarding Personal Data is on the Personal Data - Data Brief webpage.

“Systems Information” As defined in the Systems Information — Data Brief webpage.

“You” or “Your” means the individual using and/or accessing the Cloud Service.

“Your Data” means ‘Customer Content’ as defined in the Data Brief at the Customer Content - Data Brief webpage.