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142 lines
7.8 KiB
142 lines
7.8 KiB
Qpopper(tm) is licensed by QUALCOMM Incorporated under the following
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terms and conditions. ANY USE OF QPOPPER CONSTITUTES AGREEMENT TO
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THESE TERMS.
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1. Warranty Disclaimer. QPOPPER SOFTWARE IS PROVIDED TO THE USER "AS
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IS." QUALCOMM MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH
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RESPECT TO THE QPOPPER SOFTWARE AND/OR ASSOCIATED MATERIALS
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PROVIDED TO THE USER, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF
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MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST
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INFRINGEMENT. QUALCOMM does not warrant that the functions
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contained in the software will meet your requirements, or that the
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operation of the software will be uninterrupted or error-free, or
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that defects in the software will be corrected. Furthermore,
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QUALCOMM does not warrant or make any representations regarding
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the use or the results of the use of the software or any
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documentation provided therewith in terms of their correctness,
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accuracy, reliability, or otherwise. No oral or written
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information or advice given by QUALCOMM or a QUALCOMM
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representative shall create a warranty or in any way increase the
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scope of this warranty.
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2. Limitation of Liability. QUALCOMM AND ITS LICENSORS ARE NOT LIABLE
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FOR ANY CLAIMS OR DAMAGES WHATSOEVER ARISING IN CONNECTION WITH
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THE QPOPPER SOFTWARE, INCLUDING WITHOUT LIMITATION PROPERTY
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DAMAGE, PERSONAL INJURY, INTELLECTUAL PROPERTY INFRINGEMENT, LOSS
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OF PROFITS, OR INTERRUPTION OF BUSINESS, OR FOR ANY SPECIAL,
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CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER
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ARISING OUT OF BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING
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NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
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3. Using and Distributing Qpopper. If a party agrees to these terms
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and conditions, such party may copy and use Qpopper for any
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purpose, and distribute unmodified complete copies of Qpopper to
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any third party provided that such third party must agree to these
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terms and conditions prior to any use of Qpopper. Failure to
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include these license terms when distributing Qpopper shall be a
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material breach of this agreement, and the party committing such
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breach shall defend and indemnify QUALCOMM Incorporated against
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all claims, losses, liabilities, damages, costs and expenses,
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including attorney's fees, which QUALCOMM may incur in connection
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with such breach.
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4. Modifying Qpopper. Qpopper consists of (i) intellectual property
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owned by QUALCOMM Incorporated, and (ii) intellectual property
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owned by the Regents of the University of California. Any
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modifications to the U.C.-owned portions of Qpopper are subject to
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the provisions of Section 7 below. A party to this agreement may
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create derivative works of the QUALCOMM-owned portions of the
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Qpopper software, distribute such derivative works to third
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parties, and permit such third parties to copy and use such
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derivative works subject to the following restrictions:
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(a) The protocol greeting banner and the CAPA IMPLEMENTATION
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response tag must include clear notification that Qpopper has
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been modified (for example,
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"FooPopper-by-Foo-Networks-hacked-from-Qpopper-4.0").
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(b) Detailed notification of all modifications must be clearly and
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conspicuously included within the modified source files, and
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in a separate document. All of the source files and the
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document describing the changes must be distributed with the
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modified software.
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(c) When distributing the modified software the distributing party
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must clearly and conspicuously communicate to all recipients
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that the modified software is produced by the party that
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modified the software and is not a QUALCOMM product.
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(d) The term "Qpopper" shall not be used in connection with the
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modified software except in a purely factual manner when
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describing the history or development of the software.
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(e) The modified software must be licensed to end users using a
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license agreement which expressly states that portions of the
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modified software are based on code owned by QUALCOMM
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Incorporated, that such QUALCOMM code is only provided on the
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terms stated in this agreement, and that QUALCOMM bears no
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responsibility whatsoever for any modifications to the QUALCOMM
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code.
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(f) The modifying party shall defend and indemnify QUALCOMM
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Incorporated against all claims, losses, liabilities, damages,
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costs and expenses, including attorney's fees, which QUALCOMM
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may incur in connection with any intellectual property
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infringement or similar claim related to the modified
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software, if such claim is related to that party's
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modifications.
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5. Notices. QUALCOMM is a registered trademark and registered service
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mark of QUALCOMM Incorporated. Qpopper is a trademark of QUALCOMM
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Incorporated. QUALCOMM does not grant any party the right to use
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such marks on any modified version of the Qpopper software. All
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other trademarks and service marks are the property of their
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respective owners. The Qpopper software, excluding the portions
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owned by the Regents of the University of California, is Copyright
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1993-2006 QUALCOMM Incorporated. All rights not expressly granted
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herein are reserved by QUALCOMM.
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6. General. This agreement is governed and interpreted in accordance
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with the laws of the State of California without giving effect to
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its conflict of laws provisions. Any claim arising out of or
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related to this agreement must be brought exclusively in the state
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or federal courts located in San Diego County, California. The
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United Nations Convention on Contracts for the International Sale
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of Goods is expressly disclaimed. If any provision of this
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agreement shall be invalid, the validity of the remaining
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provisions of this agreement shall not be affected. This
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agreement is the entire and exclusive agreement between QUALCOMM
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and any user of the Qpopper software with respect to the software
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and supersedes all prior agreements (whether written or oral) and
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other communications related to the software.
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7. IMPORTANT.
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This software program contains code, and/or derivatives or
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modifications of code originating from the software program
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"Popper." Popper is (c) Copyright 1989-1991 The Regents of the
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University of California, All Rights Reserved. Popper was
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created by Austin Shelton, Information Systems and Technology,
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University of California, Berkeley. Permission from the Regents of
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the University of California to use, copy, modify, and distribute
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the "Popper" software contained herein for any purpose, without
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fee, and without a written agreement is hereby granted, provided
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that the above copyright notice and this paragraph and the
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following two paragraphs appear in all copies. HOWEVER, ADDITIONAL
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PERMISSIONS MAY BE NECESSARY FROM OTHER PERSONS OR ENTITIES, TO
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USE DERIVATIVES OR MODIFICATIONS OF POPPER.
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IN NO EVENT SHALL THE UNIVERSITY OF CALIFORNIA BE LIABLE TO ANY
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PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
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DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OF THE
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POPPER SOFTWARE, OR ITS DERIVATIVES OR MODIFICATIONS, AND ITS
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DOCUMENTATION, EVEN IF THE UNIVERSITY OF CALIFORNIA HAS BEEN
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ADVISED OF THE POSSIBLITY OF SUCH DAMAGE.
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THE UNIVERSITY OF CALIFORNIA, SPECIFICALLY DISCLAIMS ANY
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WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
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OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE
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POPPER SOFTWARE PROVIDED HEREUNDER IS ON AN "AS IS" BASIS, AND THE
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UNIVERSITY OF CALIFORNIA HAS NO OBLIGATIONS TO PROVIDE
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MAINTENANCE, SUPPORT, UPDATES, ENCHANCEMENTS, OR MODIFICATIONS.
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