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 .
These additional files are not derived from any Linux open source content,
and are subject to the following restrictions.
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
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
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.