104 lines
5.9 KiB
Text
104 lines
5.9 KiB
Text
Agere Systems WinModem End User SOFTWARE LICENSE AGREEMENT
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The terms and conditions of this Agreement will apply to the Agere
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Systems WinModem Software (hereafter "Software") supplied under this Agreement
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and any derivatives obtained therefrom, including any copy. The term Software
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includes programs and related documentation supplied herewith.
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The following file is made available under the standard Linux license,
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a copy of which may be found at .
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serial.c
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serial24.c
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These additional files are not derived from any Linux open source content,
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and are subject to the following restrictions.
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ltmodem.c
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linuxif.h
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ltmdmobj.o
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Makefile
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ltinst
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ltuninst
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readme.txt
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1.0 TITLE AND LICENSE GRANT
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1.1 The Software is copyrighted and/or contains proprietary
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information protected by law. All Software and all copies
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thereof are and will remain the sole property of Agere Systems or
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its suppliers. Agere Systems hereby grants you a non-exclusive right
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to use the Software, in whatever form recorded, which is furnished to
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you under or in contemplation of this Agreement, in an Agere Systems
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winmodem. Any other use of the Software or removal of the Software from
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a country in which use is licensed shall automatically terminate this license.
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1.2 You agree to use your best efforts to see that any user of the Software
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licensed hereunder complies with the terms and conditions of this Agreement.
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2.0 SOFTWARE USE
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2.1 You are permitted to make copies of the Software provided that any such copy
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shall contain the same copyright notice and proprietary marking included on
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the original Software.
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2.2 You agree not to merge or combine any portion of the Software with any other
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software, other than the Linux operating system, unless expressly permitted by
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the laws of the jurisdiction where you are located. Any portion of the Software
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merged or combined with the other software will continue to be the subject of the
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terms and conditions of this Agreement and you agree to reproduce on the merged
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or combined portion of the Software the copyright and other proprietary rights
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notices included in the original Software.
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2.3 Redistribution and Usage
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Agere permits use and limited redistribution of this Licensed Software in source and
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binary forms, with or without modification, subject to the following terms and conditions,
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in addition to the terms mentioned in this agreement.
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2.3.1 Agere Systems reserves the right not to allow a third party to reuse or
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redistribute the software, at its sole discretion.
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2.3.2 User hereby agrees not to remove or alter any copyright, trademark, credits
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and other proprietary notices contained within or associated with the Licensed
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Software, and shall include all such unaltered copyright, trademark, credits and
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other proprietary notices on or in every copy of the Software.
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2.3.3 Notwithstanding any other provisions in this Agreement to the contrary, any
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modifications or alterations made to the Licensed Software shall cause any
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warranties and intellectual property indemnifications to become null and
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void and of no further effect.
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3.0 DISCLAIMER OF WARRANTY
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3.1 You understand and acknowledge that the Software may contain errors, bugs or other
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defects. The Software is provided on AS-IS basis, without warranty of any kind.
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3.2 Agere Systems has used reasonable efforts to minimize defects or errors in the Software.
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HOWEVER, YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OR INABILITY TO USE
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THE SOFTWARE. Specifically, but not in limitation of the foregoing disclaimers, Agere
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Systems does not warrant that the functions of the Software will meet your requirements
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or that the Software operation will be error-free or uninterrupted.
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3.3 Agere Systems bears no responsibility for supplying assistance for fixing or for
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communicating known errors to you pertaining to the Software supplied hereunder.
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3.4 YOU UNDERSTAND THAT AGERE SYSTEMS, ITS AFFILIATES, CONTRACTORS, SUPPLIERS, AND AGENTS
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MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF
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MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
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4.0 EXCLUSIVE REMEDIES AND LIMITATION OF LIABILITIES
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4.1 Regardless of any other provisions of this Agreement, neither Agere Systems nor its
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affiliates, contractors, suppliers, or agents shall be liable for any indirect, incidental,
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or consequential damages (including lost profits) sustained or incurred in connection with
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the use, operation, or inability to use the Software or for damages due to causes beyond
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the reasonable control of Agere Systems, its affiliates, contractors, suppliers, and agents
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attributable to any service, products, or action of any other person.
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4.2 This Agreement shall be construed in accordance with and governed by the laws of the
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State of New York.
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YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND THAT BY DOWNLOADING OR USING
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THE SOFTWARE, YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT
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IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES. THIS AGREEMENT
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SUPERCEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS BETWEEN
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US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
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