97 lines
5.9 KiB
Text
97 lines
5.9 KiB
Text
|
Developer License Agreement
|
||
|
|
SOFTWARE LICENSE AGREEMENT
|
||
|
|
|
||
|
|
CAREFULLY READ ALL OF THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE
|
||
|
|
AGREEMENT BEFORE YOU USE THE SOFTWARE
|
||
|
|
[SpeedTouch USB FIRMWARE].
|
||
|
|
|
||
|
|
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.
|