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Sun Mar 29 15:10:32 2009 UTC (5 years, 3 months ago) by pva
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Update qpopper license.

1 Qpopper(tm) is licensed by QUALCOMM Incorporated under the following
2 terms and conditions. ANY USE OF QPOPPER CONSTITUTES AGREEMENT TO
3 THESE TERMS.
4
5 1. Warranty Disclaimer. QPOPPER SOFTWARE IS PROVIDED TO THE USER "AS
6 IS." QUALCOMM MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH
7 RESPECT TO THE QPOPPER SOFTWARE AND/OR ASSOCIATED MATERIALS
8 PROVIDED TO THE USER, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF
9 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST
10 INFRINGEMENT. QUALCOMM does not warrant that the functions
11 contained in the software will meet your requirements, or that the
12 operation of the software will be uninterrupted or error-free, or
13 that defects in the software will be corrected. Furthermore,
14 QUALCOMM does not warrant or make any representations regarding
15 the use or the results of the use of the software or any
16 documentation provided therewith in terms of their correctness,
17 accuracy, reliability, or otherwise. No oral or written
18 information or advice given by QUALCOMM or a QUALCOMM
19 representative shall create a warranty or in any way increase the
20 scope of this warranty.
21
22 2. Limitation of Liability. QUALCOMM AND ITS LICENSORS ARE NOT LIABLE
23 FOR ANY CLAIMS OR DAMAGES WHATSOEVER ARISING IN CONNECTION WITH
24 THE QPOPPER SOFTWARE, INCLUDING WITHOUT LIMITATION PROPERTY
25 DAMAGE, PERSONAL INJURY, INTELLECTUAL PROPERTY INFRINGEMENT, LOSS
26 OF PROFITS, OR INTERRUPTION OF BUSINESS, OR FOR ANY SPECIAL,
27 CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER
28 ARISING OUT OF BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING
29 NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
30
31 3. Using and Distributing Qpopper. If a party agrees to these terms
32 and conditions, such party may copy and use Qpopper for any
33 purpose, and distribute unmodified complete copies of Qpopper to
34 any third party provided that such third party must agree to these
35 terms and conditions prior to any use of Qpopper. Failure to
36 include these license terms when distributing Qpopper shall be a
37 material breach of this agreement, and the party committing such
38 breach shall defend and indemnify QUALCOMM Incorporated against
39 all claims, losses, liabilities, damages, costs and expenses,
40 including attorney's fees, which QUALCOMM may incur in connection
41 with such breach.
42
43 4. Modifying Qpopper. Qpopper consists of (i) intellectual property
44 owned by QUALCOMM Incorporated, and (ii) intellectual property
45 owned by the Regents of the University of California. Any
46 modifications to the U.C.-owned portions of Qpopper are subject to
47 the provisions of Section 7 below. A party to this agreement may
48 create derivative works of the QUALCOMM-owned portions of the
49 Qpopper software, distribute such derivative works to third
50 parties, and permit such third parties to copy and use such
51 derivative works subject to the following restrictions:
52
53 (a) The protocol greeting banner and the CAPA IMPLEMENTATION
54 response tag must include clear notification that Qpopper has
55 been modified (for example,
56 "FooPopper-by-Foo-Networks-hacked-from-Qpopper-4.0").
57
58 (b) Detailed notification of all modifications must be clearly and
59 conspicuously included within the modified source files, and
60 in a separate document. All of the source files and the
61 document describing the changes must be distributed with the
62 modified software.
63
64 (c) When distributing the modified software the distributing party
65 must clearly and conspicuously communicate to all recipients
66 that the modified software is produced by the party that
67 modified the software and is not a QUALCOMM product.
68
69 (d) The term "Qpopper" shall not be used in connection with the
70 modified software except in a purely factual manner when
71 describing the history or development of the software.
72
73 (e) The modified software must be licensed to end users using a
74 license agreement which expressly states that portions of the
75 modified software are based on code owned by QUALCOMM
76 Incorporated, that such QUALCOMM code is only provided on the
77 terms stated in this agreement, and that QUALCOMM bears no
78 responsibility whatsoever for any modifications to the QUALCOMM
79 code.
80
81 (f) The modifying party shall defend and indemnify QUALCOMM
82 Incorporated against all claims, losses, liabilities, damages,
83 costs and expenses, including attorney's fees, which QUALCOMM
84 may incur in connection with any intellectual property
85 infringement or similar claim related to the modified
86 software, if such claim is related to that party's
87 modifications.
88
89 5. Notices. QUALCOMM is a registered trademark and registered service
90 mark of QUALCOMM Incorporated. Qpopper is a trademark of QUALCOMM
91 Incorporated. QUALCOMM does not grant any party the right to use
92 such marks on any modified version of the Qpopper software. All
93 other trademarks and service marks are the property of their
94 respective owners. The Qpopper software, excluding the portions
95 owned by the Regents of the University of California, is Copyright
96 1993-2006 QUALCOMM Incorporated. All rights not expressly granted
97 herein are reserved by QUALCOMM.
98
99 6. General. This agreement is governed and interpreted in accordance
100 with the laws of the State of California without giving effect to
101 its conflict of laws provisions. Any claim arising out of or
102 related to this agreement must be brought exclusively in the state
103 or federal courts located in San Diego County, California. The
104 United Nations Convention on Contracts for the International Sale
105 of Goods is expressly disclaimed. If any provision of this
106 agreement shall be invalid, the validity of the remaining
107 provisions of this agreement shall not be affected. This
108 agreement is the entire and exclusive agreement between QUALCOMM
109 and any user of the Qpopper software with respect to the software
110 and supersedes all prior agreements (whether written or oral) and
111 other communications related to the software.
112
113 7. IMPORTANT.
114
115 This software program contains code, and/or derivatives or
116 modifications of code originating from the software program
117 "Popper." Popper is (c) Copyright 1989-1991 The Regents of the
118 University of California, All Rights Reserved. Popper was
119 created by Austin Shelton, Information Systems and Technology,
120 University of California, Berkeley. Permission from the Regents of
121 the University of California to use, copy, modify, and distribute
122 the "Popper" software contained herein for any purpose, without
123 fee, and without a written agreement is hereby granted, provided
124 that the above copyright notice and this paragraph and the
125 following two paragraphs appear in all copies. HOWEVER, ADDITIONAL
126 PERMISSIONS MAY BE NECESSARY FROM OTHER PERSONS OR ENTITIES, TO
127 USE DERIVATIVES OR MODIFICATIONS OF POPPER.
128
129 IN NO EVENT SHALL THE UNIVERSITY OF CALIFORNIA BE LIABLE TO ANY
130 PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
131 DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OF THE
132 POPPER SOFTWARE, OR ITS DERIVATIVES OR MODIFICATIONS, AND ITS
133 DOCUMENTATION, EVEN IF THE UNIVERSITY OF CALIFORNIA HAS BEEN
134 ADVISED OF THE POSSIBLITY OF SUCH DAMAGE.
135
136 THE UNIVERSITY OF CALIFORNIA, SPECIFICALLY DISCLAIMS ANY
137 WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
138 OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE
139 POPPER SOFTWARE PROVIDED HEREUNDER IS ON AN "AS IS" BASIS, AND THE
140 UNIVERSITY OF CALIFORNIA HAS NO OBLIGATIONS TO PROVIDE
141 MAINTENANCE, SUPPORT, UPDATES, ENCHANCEMENTS, OR MODIFICATIONS.

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