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Revision 1.1 - (hide annotations) (download)
Sun Aug 31 16:55:58 2008 UTC (6 years ago) by mrness
Branch: MAIN
CVS Tags: HEAD
Add AgereSystems-WinModem license (#235484).

1 mrness 1.1 Agere Systems WinModem End User SOFTWARE LICENSE AGREEMENT
2    
3     The terms and conditions of this Agreement will apply to the Agere
4     Systems WinModem Software (hereafter "Software") supplied under this Agreement
5     and any derivatives obtained therefrom, including any copy. The term Software
6     includes programs and related documentation supplied herewith.
7    
8     The following file is made available under the standard Linux license,
9     a copy of which may be found at .
10     serial.c
11     serial24.c
12    
13     These additional files are not derived from any Linux open source content,
14     and are subject to the following restrictions.
15     ltmodem.c
16     linuxif.h
17     ltmdmobj.o
18     Makefile
19     ltinst
20     ltuninst
21     readme.txt
22    
23     1.0 TITLE AND LICENSE GRANT
24    
25     1.1 The Software is copyrighted and/or contains proprietary
26     information protected by law. All Software and all copies
27     thereof are and will remain the sole property of Agere Systems or
28     its suppliers. Agere Systems hereby grants you a non-exclusive right
29     to use the Software, in whatever form recorded, which is furnished to
30     you under or in contemplation of this Agreement, in an Agere Systems
31     winmodem. Any other use of the Software or removal of the Software from
32     a country in which use is licensed shall automatically terminate this license.
33    
34     1.2 You agree to use your best efforts to see that any user of the Software
35     licensed hereunder complies with the terms and conditions of this Agreement.
36    
37    
38     2.0 SOFTWARE USE
39    
40     2.1 You are permitted to make copies of the Software provided that any such copy
41     shall contain the same copyright notice and proprietary marking included on
42     the original Software.
43    
44     2.2 You agree not to merge or combine any portion of the Software with any other
45     software, other than the Linux operating system, unless expressly permitted by
46     the laws of the jurisdiction where you are located. Any portion of the Software
47     merged or combined with the other software will continue to be the subject of the
48     terms and conditions of this Agreement and you agree to reproduce on the merged
49     or combined portion of the Software the copyright and other proprietary rights
50     notices included in the original Software.
51    
52     2.3 Redistribution and Usage
53     Agere permits use and limited redistribution of this Licensed Software in source and
54     binary forms, with or without modification, subject to the following terms and conditions,
55     in addition to the terms mentioned in this agreement.
56    
57     2.3.1 Agere Systems reserves the right not to allow a third party to reuse or
58     redistribute the software, at its sole discretion.
59    
60     2.3.2 User hereby agrees not to remove or alter any copyright, trademark, credits
61     and other proprietary notices contained within or associated with the Licensed
62     Software, and shall include all such unaltered copyright, trademark, credits and
63     other proprietary notices on or in every copy of the Software.
64    
65     2.3.3 Notwithstanding any other provisions in this Agreement to the contrary, any
66     modifications or alterations made to the Licensed Software shall cause any
67     warranties and intellectual property indemnifications to become null and
68     void and of no further effect.
69    
70     3.0 DISCLAIMER OF WARRANTY
71    
72     3.1 You understand and acknowledge that the Software may contain errors, bugs or other
73     defects. The Software is provided on AS-IS basis, without warranty of any kind.
74    
75     3.2 Agere Systems has used reasonable efforts to minimize defects or errors in the Software.
76     HOWEVER, YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OR INABILITY TO USE
77     THE SOFTWARE. Specifically, but not in limitation of the foregoing disclaimers, Agere
78     Systems does not warrant that the functions of the Software will meet your requirements
79     or that the Software operation will be error-free or uninterrupted.
80    
81     3.3 Agere Systems bears no responsibility for supplying assistance for fixing or for
82     communicating known errors to you pertaining to the Software supplied hereunder.
83    
84     3.4 YOU UNDERSTAND THAT AGERE SYSTEMS, ITS AFFILIATES, CONTRACTORS, SUPPLIERS, AND AGENTS
85     MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF
86     MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
87    
88     4.0 EXCLUSIVE REMEDIES AND LIMITATION OF LIABILITIES
89    
90     4.1 Regardless of any other provisions of this Agreement, neither Agere Systems nor its
91     affiliates, contractors, suppliers, or agents shall be liable for any indirect, incidental,
92     or consequential damages (including lost profits) sustained or incurred in connection with
93     the use, operation, or inability to use the Software or for damages due to causes beyond
94     the reasonable control of Agere Systems, its affiliates, contractors, suppliers, and agents
95     attributable to any service, products, or action of any other person.
96    
97     4.2 This Agreement shall be construed in accordance with and governed by the laws of the
98     State of New York.
99    
100     YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND THAT BY DOWNLOADING OR USING
101     THE SOFTWARE, YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT
102     IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT
103     SUPERCEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN
104     US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

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