/[gentoo-x86]/licenses/SpeedTouch-USB-Firmware
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Contents of /licenses/SpeedTouch-USB-Firmware

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Revision 1.1 - (show annotations) (download)
Sat Mar 18 20:34:22 2006 UTC (8 years, 4 months ago) by mrness
Branch: MAIN
CVS Tags: HEAD
Add license needed by net-dialup/speedtouch-usb.

1 THIS SOFTWARE LICENSE AGREEMENT (THIS "AGREEMENT") IS A LEGALLY BINDING
2 AGREEMENT BETWEEN THE DEVELOPER OF THE SOFTWARE (THE "DEVELOPER") AND THOMSON
3 MULTIMEDIA BROADBAND BELGIUM N.V. ("THOMSON"). BY USING OR INSTALLING THE
4 SOFTWARE (AS UPDATED BY THOMSON FROM TIME TO TIME, THE "SOFTWARE") THE DEVELOPER
5 IS ACCEPTING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
6
7 1. Grant of License. The Software and all accompanying documentation, including
8 but not limited to the Interface Specification (the "Documentation) are licensed
9 to the Developer under the terms and conditions set forth in this Agreement.
10 Subject to such terms and conditions, Thomson hereby grants to the Developer a
11 non-exclusive, nontransferable right to use the Software and the Documentation
12 solely in combination with Thomson's line of SpeedTouch USB ADSL modem products;
13 which are rightfully acquired and/or used by the Developer (Licensee).
14
15 2. Limitations on Use. The Developer will not modify or translate the Software
16 or the Documentation without the prior written consent of Thomson. The Developer
17 will not reverse engineer, decompile, disassemble or otherwise attempt to
18 recreate the source code of the Software. The Developer will not separate from
19 the Software any of the component parts of the Software.
20
21 3. Limitations on Duplication. The Developer will not make any copies of the
22 Software or the Documentation; provided, however, that the Developer may make
23 one complete copy of the Software or the Documentation solely for backup
24 purposes if such copy of the Software or Documentation contains the notation
25 "Copyright Thomson". The Developer will not print any on-line or electronic
26 documentation other than solely for developing, servicing, operating or training
27 purposes.
28
29 4. Limitations on Transfer. The Developer will not sell, rent, lease or
30 otherwise transfer any or all of the Software, the Documentation or any copies
31 thereof, without the prior written consent of Thomson. The Developer will not
32 sublicense, assign, delegate, rent, lease or otherwise transfer any or all of
33 its rights under this Agreement.
34
35 5. Ownership and Copyright. The Developer has not acquired, by virtue of this
36 Agreement, any right of ownership in or to the Software, the Documentation or
37 any related patent, copyright, trademark or other intellectual property right.
38 By virtue of this Agreement, the Developer has acquired a right of ownership
39 solely in and to the physical media on which the Software and the Documentation
40 are recorded or fixed. Thomson, its licensors and their respective licensors
41 retain all right, title and interest in and to the Software, the Documentation
42 and any and all copies thereof, except for the rights expressly granted to the
43 Developer pursuant to this Agreement and as may be granted by Thomson from time
44 to time. Such right, title and interest of Thomson is, and such right, title and
45 interest of Thomson's licensors and their respective licensors may be, protected
46 by applicable copyright laws and international treaties.
47
48 6. Term and Termination. The term of this Agreement commences upon the first use
49 by the Developer of the Software and expires upon the termination of this
50 Agreement which shall automatically occur in case the Licensee stops using the
51 SpeedTouch USB ADSL modem products. If the Developer fails to comply with any of
52 the terms and conditions set forth in this Agreement, then (a) this Agreement
53 will automatically terminate, (b) in the event of such termination, the
54 Developer will (i) destroy or permanently erase the Software and any and all
55 copies thereof and (ii) destroy the Documentation and any and all copies
56 thereof, and (c) Thomson may exercise any or all remedies available to it under
57 applicable laws. In addition, the Developer may terminate this Agreement at any
58 time by (a) destroying or permanently erasing the Software and any and all
59 copies thereof and (b) destroying the Documentation and any and all copies
60 thereof.
61
62 7. NO WARRANTIES. THE SOFTWARE IS MADE AVAILABLE TO THE DEVELOPER ON AN "AS IS"
63 BASIS WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES WHATSOEVER, INCLUDING
64 WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
65 PARTICULAR PURPOSE. Some jurisdictions may not permit the exclusion of implied
66 warranties; so the above exclusion may not apply to the Developer. The Developer
67 may have other rights that vary from jurisdiction to jurisdiction. Thomson may
68 from time to time, in its sole discretion, make available to the Developer, with
69 or without charge, updates to the Software or the Documentation. No such action
70 will create any warranty obligation on the part of Thomson.
71
72 8. LIMITATION OF REMEDIES. IN NO EVENT WILL THOMSON, ITS LICENSORS OR THEIR
73 RESPECTIVE LICENSORS BE LIABLE FOR ANY DAMAGES OR OTHER RELIEF WHATSOEVER
74 ARISING OUT OF DEVELOPER'S USE OR INABILITY TO USE THE SOFTWARE OR THE
75 DOCUMENTATION, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST BUSINESS OR LOST
76 OPPORTUNITY OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES OR
77 LEGAL FEES ARISING OUT OF SUCH USE OR INABILITY TO USE THE SOFTWARE, EVEN IF
78 THOMSON, ITS LICENSORS OR THEIR RESPECTIVE LICENSORS HAVE BEEN ADVISED OF THE
79 POSSIBILITY OF SUCH DAMAGES. Some jurisdictions may not permit the exclusion or
80 limitation of incidental or consequential damages; so the above exclusion or
81 limitation may not apply to the Developer.
82
83 9. Governing Law. This Agreement will be governed by and construed in accordance
84 with the laws of Belgium, without giving effect to the conflicts of laws
85 principles thereof.
86
87 10. Other Terms. Additional or different terms and conditions may be applicable
88 to the Developer if so agreed in writing by the vendor of the Software, Thomson,
89 its licensors and/or their respective licensors.

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