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