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Diffstat (limited to 'licenses/SpeedTouch-USB-Firmware')
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diff --git a/licenses/SpeedTouch-USB-Firmware b/licenses/SpeedTouch-USB-Firmware new file mode 100644 index 000000000000..52be1e390946 --- /dev/null +++ b/licenses/SpeedTouch-USB-Firmware @@ -0,0 +1,89 @@ +THIS SOFTWARE LICENSE AGREEMENT (THIS "AGREEMENT") IS A LEGALLY BINDING +AGREEMENT BETWEEN THE DEVELOPER OF THE SOFTWARE (THE "DEVELOPER") AND THOMSON +MULTIMEDIA BROADBAND BELGIUM N.V. ("THOMSON"). BY USING OR INSTALLING THE +SOFTWARE (AS UPDATED BY THOMSON FROM TIME TO TIME, THE "SOFTWARE") THE DEVELOPER +IS ACCEPTING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. + +1. Grant of License. The Software and all accompanying documentation, including +but not limited to the Interface Specification (the "Documentation) are licensed +to the Developer under the terms and conditions set forth in this Agreement. +Subject to such terms and conditions, Thomson hereby grants to the Developer a +non-exclusive, nontransferable right to use the Software and the Documentation +solely in combination with Thomson's line of SpeedTouch USB ADSL modem products; +which are rightfully acquired and/or used by the Developer (Licensee). + +2. Limitations on Use. The Developer will not modify or translate the Software +or the Documentation without the prior written consent of Thomson. The Developer +will not reverse engineer, decompile, disassemble or otherwise attempt to +recreate the source code of the Software. The Developer will not separate from +the Software any of the component parts of the Software. + +3. Limitations on Duplication. The Developer will not make any copies of the +Software or the Documentation; provided, however, that the Developer may make +one complete copy of the Software or the Documentation solely for backup +purposes if such copy of the Software or Documentation contains the notation +"Copyright Thomson". The Developer will not print any on-line or electronic +documentation other than solely for developing, servicing, operating or training +purposes. + +4. Limitations on Transfer. The Developer will not sell, rent, lease or +otherwise transfer any or all of the Software, the Documentation or any copies +thereof, without the prior written consent of Thomson. The Developer will not +sublicense, assign, delegate, rent, lease or otherwise transfer any or all of +its rights under this Agreement. + +5. Ownership and Copyright. The Developer has not acquired, by virtue of this +Agreement, any right of ownership in or to the Software, the Documentation or +any related patent, copyright, trademark or other intellectual property right. +By virtue of this Agreement, the Developer has acquired a right of ownership +solely in and to the physical media on which the Software and the Documentation +are recorded or fixed. Thomson, its licensors and their respective licensors +retain all right, title and interest in and to the Software, the Documentation +and any and all copies thereof, except for the rights expressly granted to the +Developer pursuant to this Agreement and as may be granted by Thomson from time +to time. Such right, title and interest of Thomson is, and such right, title and +interest of Thomson's licensors and their respective licensors may be, protected +by applicable copyright laws and international treaties. + +6. Term and Termination. The term of this Agreement commences upon the first use +by the Developer of the Software and expires upon the termination of this +Agreement which shall automatically occur in case the Licensee stops using the +SpeedTouch USB ADSL modem products. If the Developer fails to comply with any of +the terms and conditions set forth in this Agreement, then (a) this Agreement +will automatically terminate, (b) in the event of such termination, the +Developer will (i) destroy or permanently erase the Software and any and all +copies thereof and (ii) destroy the Documentation and any and all copies +thereof, and (c) Thomson may exercise any or all remedies available to it under +applicable laws. In addition, the Developer may terminate this Agreement at any +time by (a) destroying or permanently erasing the Software and any and all +copies thereof and (b) destroying the Documentation and any and all copies +thereof. + +7. NO WARRANTIES. THE SOFTWARE IS MADE AVAILABLE TO THE DEVELOPER ON AN "AS IS" +BASIS WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES WHATSOEVER, INCLUDING +WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A +PARTICULAR PURPOSE. Some jurisdictions may not permit the exclusion of implied +warranties; so the above exclusion may not apply to the Developer. The Developer +may have other rights that vary from jurisdiction to jurisdiction. Thomson may +from time to time, in its sole discretion, make available to the Developer, with +or without charge, updates to the Software or the Documentation. No such action +will create any warranty obligation on the part of Thomson. + +8. LIMITATION OF REMEDIES. IN NO EVENT WILL THOMSON, ITS LICENSORS OR THEIR +RESPECTIVE LICENSORS BE LIABLE FOR ANY DAMAGES OR OTHER RELIEF WHATSOEVER +ARISING OUT OF DEVELOPER'S USE OR INABILITY TO USE THE SOFTWARE OR THE +DOCUMENTATION, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST BUSINESS OR LOST +OPPORTUNITY OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES OR +LEGAL FEES ARISING OUT OF SUCH USE OR INABILITY TO USE THE SOFTWARE, EVEN IF +THOMSON, ITS LICENSORS OR THEIR RESPECTIVE LICENSORS HAVE BEEN ADVISED OF THE +POSSIBILITY OF SUCH DAMAGES. Some jurisdictions may not permit the exclusion or +limitation of incidental or consequential damages; so the above exclusion or +limitation may not apply to the Developer. + +9. Governing Law. This Agreement will be governed by and construed in accordance +with the laws of Belgium, without giving effect to the conflicts of laws +principles thereof. + +10. Other Terms. Additional or different terms and conditions may be applicable +to the Developer if so agreed in writing by the vendor of the Software, Thomson, +its licensors and/or their respective licensors. |