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Qpopper(tm) is licensed by QUALCOMM Incorporated under the following
terms and conditions. ANY USE OF QPOPPER CONSTITUTES AGREEMENT TO
THESE TERMS.
1. Warranty Disclaimer. QPOPPER SOFTWARE IS PROVIDED TO THE USER "AS
IS." QUALCOMM MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH
RESPECT TO THE QPOPPER SOFTWARE AND/OR ASSOCIATED MATERIALS
PROVIDED TO THE USER, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST
INFRINGEMENT. QUALCOMM does not warrant that the functions
contained in the software will meet your requirements, or that the
operation of the software will be uninterrupted or error-free, or
that defects in the software will be corrected. Furthermore,
QUALCOMM does not warrant or make any representations regarding
the use or the results of the use of the software or any
documentation provided therewith in terms of their correctness,
accuracy, reliability, or otherwise. No oral or written
information or advice given by QUALCOMM or a QUALCOMM
representative shall create a warranty or in any way increase the
scope of this warranty.
2. Limitation of Liability. QUALCOMM AND ITS LICENSORS ARE NOT LIABLE
FOR ANY CLAIMS OR DAMAGES WHATSOEVER ARISING IN CONNECTION WITH
THE QPOPPER SOFTWARE, INCLUDING WITHOUT LIMITATION PROPERTY
DAMAGE, PERSONAL INJURY, INTELLECTUAL PROPERTY INFRINGEMENT, LOSS
OF PROFITS, OR INTERRUPTION OF BUSINESS, OR FOR ANY SPECIAL,
CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER
ARISING OUT OF BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
3. Using and Distributing Qpopper. If a party agrees to these terms
and conditions, such party may copy and use Qpopper for any
purpose, and distribute unmodified complete copies of Qpopper to
any third party provided that such third party must agree to these
terms and conditions prior to any use of Qpopper. Failure to
include these license terms when distributing Qpopper shall be a
material breach of this agreement, and the party committing such
breach shall defend and indemnify QUALCOMM Incorporated against
all claims, losses, liabilities, damages, costs and expenses,
including attorney's fees, which QUALCOMM may incur in connection
with such breach.
4. Modifying Qpopper. Qpopper consists of (i) intellectual property
owned by QUALCOMM Incorporated, and (ii) intellectual property
owned by the Regents of the University of California. Any
modifications to the U.C.-owned portions of Qpopper are subject to
the provisions of Section 7 below. A party to this agreement may
create derivative works of the QUALCOMM-owned portions of the
Qpopper software, distribute such derivative works to third
parties, and permit such third parties to copy and use such
derivative works subject to the following restrictions:
(a) The protocol greeting banner and the CAPA IMPLEMENTATION
response tag must include clear notification that Qpopper has
been modified (for example,
"FooPopper-by-Foo-Networks-hacked-from-Qpopper-4.0").
(b) Detailed notification of all modifications must be clearly and
conspicuously included within the modified source files, and
in a separate document. All of the source files and the
document describing the changes must be distributed with the
modified software.
(c) When distributing the modified software the distributing party
must clearly and conspicuously communicate to all recipients
that the modified software is produced by the party that
modified the software and is not a QUALCOMM product.
(d) The term "Qpopper" shall not be used in connection with the
modified software except in a purely factual manner when
describing the history or development of the software.
(e) The modified software must be licensed to end users using a
license agreement which expressly states that portions of the
modified software are based on code owned by QUALCOMM
Incorporated, that such QUALCOMM code is only provided on the
terms stated in this agreement, and that QUALCOMM bears no
responsibility whatsoever for any modifications to the QUALCOMM
code.
(f) The modifying party shall defend and indemnify QUALCOMM
Incorporated against all claims, losses, liabilities, damages,
costs and expenses, including attorney's fees, which QUALCOMM
may incur in connection with any intellectual property
infringement or similar claim related to the modified
software, if such claim is related to that party's
modifications.
5. Notices. QUALCOMM is a registered trademark and registered service
mark of QUALCOMM Incorporated. Qpopper is a trademark of QUALCOMM
Incorporated. QUALCOMM does not grant any party the right to use
such marks on any modified version of the Qpopper software. All
other trademarks and service marks are the property of their
respective owners. The Qpopper software, excluding the portions
owned by the Regents of the University of California, is Copyright
1993-2001 QUALCOMM Incorporated. All rights not expressly granted
herein are reserved by QUALCOMM.
6. General. This agreement is governed and interpreted in accordance
with the laws of the State of California without giving effect to
its conflict of laws provisions. Any claim arising out of or
related to this agreement must be brought exclusively in the state
or federal courts located in San Diego County, California. The
United Nations Convention on Contracts for the International Sale
of Goods is expressly disclaimed. If any provision of this
agreement shall be invalid, the validity of the remaining
provisions of this agreement shall not be affected. This
agreement is the entire and exclusive agreement between QUALCOMM
and any user of the Qpopper software with respect to the software
and supersedes all prior agreements (whether written or oral) and
other communications related to the software.
7. IMPORTANT.
This software program contains code, and/or derivatives or
modifications of code originating from the software program
"Popper." Popper is (c) Copyright 1989-1991 The Regents of the
University of California, All Rights Reserved. Popper was
created by Austin Shelton, Information Systems and Technology,
University of California, Berkeley. Permission from the Regents of
the University of California to use, copy, modify, and distribute
the "Popper" software contained herein for any purpose, without
fee, and without a written agreement is hereby granted, provided
that the above copyright notice and this paragraph and the
following two paragraphs appear in all copies. HOWEVER, ADDITIONAL
PERMISSIONS MAY BE NECESSARY FROM OTHER PERSONS OR ENTITIES, TO
USE DERIVATIVES OR MODIFICATIONS OF POPPER.
IN NO EVENT SHALL THE UNIVERSITY OF CALIFORNIA BE LIABLE TO ANY
PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OF THE
POPPER SOFTWARE, OR ITS DERIVATIVES OR MODIFICATIONS, AND ITS
DOCUMENTATION, EVEN IF THE UNIVERSITY OF CALIFORNIA HAS BEEN
ADVISED OF THE POSSIBLITY OF SUCH DAMAGE.
THE UNIVERSITY OF CALIFORNIA, SPECIFICALLY DISCLAIMS ANY
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE
POPPER SOFTWARE PROVIDED HEREUNDER IS ON AN "AS IS" BASIS, AND THE
UNIVERSITY OF CALIFORNIA HAS NO OBLIGATIONS TO PROVIDE
MAINTENANCE, SUPPORT, UPDATES, ENCHANCEMENTS, OR MODIFICATIONS.
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