key: agere-sla
short_name: Agere WindModem EULA
name: Agere Systems WinModem EULA
category: Proprietary Free
owner: LSI Corporation
homepage_url: http://fedoraproject.org/wiki/Licensing/Agere_LT_Modem_Driver_License
spdx_license_key: LicenseRef-scancode-agere-sla
text_urls:
  - http://fedoraproject.org/wiki/Licensing/Agere_LT_Modem_Driver_License
text: "Agere Systems WinModem End User SOFTWARE LICENSE AGREEMENT\n\n\nYOU SHOULD READ THE TERMS\
  \ AND CONDITIONS OF THIS AGREEMENT BEFORE \nYOU DOWNLOAD AND USE THE AGERE SYSTEMS WINMODEM\
  \ LICENSED SOFTWARE.  \nONCE YOU HAVE READ THIS LICENSE AGREEMENT AND AGREE TO ITS TERMS,\
  \ \nYOU MAY DOWNLOAD AND USE THE AGERE SYSTEMS WINMODEM LICENSED SOFTWARE.  \nDOWNLOADING\
  \ OR USING THE AGERE SYSTEMS WINMODEM LICENSED SOFTWARE SHOWS \nYOUR ACCEPTANCE OF THE TERMS\
  \ OF THIS LICENSE AGREEMENT.  \n\nThe terms and conditions of this Agreement will apply to\
  \ the Agere \nSystems WinModem Software (hereafter \"Software\") supplied under this Agreement\
  \ \nand any derivatives obtained therefrom, including any copy.  The term Software \nincludes\
  \ programs and related documentation supplied herewith.\n\nThe following file is made available\
  \ under the standard Linux license, \na copy of which may be found at .\nserial.c\nserial24.c\n\
  \ \nThese additional files are not derived from any Linux open source content, \nand are subject\
  \ to the following restrictions.\nltmodem.c\nlinuxif.h\nltmdmobj.o\nMakefile\nltinst\nltuninst\n\
  readme.txt\n\n1.0  TITLE AND LICENSE GRANT\n\n\t1.1\tThe Software is copyrighted and/or contains\
  \ proprietary \n                information protected by law.  All Software and all copies\
  \ \n                thereof are and will remain the sole property of Agere Systems or \n \
  \               its suppliers.  Agere Systems hereby grants you a non-exclusive right \n \
  \               to use the Software, in whatever form recorded, which is furnished to \n \
  \               you under or in contemplation of this Agreement, in an Agere Systems \n  \
  \              winmodem.  Any other use of the Software or removal of the Software from \n\
  \                a country in which use is licensed shall automatically terminate this license.\n\
  \n\t1.2\tYou agree to use your best efforts to see that any user of the Software \n      \
  \          licensed hereunder complies with the terms and conditions of this Agreement.\n\n\
  \n2.0  SOFTWARE USE\n\n\t2.1\tYou are permitted to make copies of the Software provided that\
  \ any such copy \n                shall contain the same copyright notice and proprietary\
  \ marking included on \n                the original Software.\n\n\t2.2\tYou agree not to\
  \ merge or combine any portion of the Software with any other \n                software,\
  \ other than the Linux operating system, unless expressly permitted by \n                the\
  \ laws of the jurisdiction where you are located.  Any portion of the Software \n        \
  \        merged or combined with the other software will continue to be the subject of the\
  \ \n                terms and conditions of this Agreement and you agree to reproduce on the\
  \ merged \n                or combined portion of the Software the copyright and other proprietary\
  \ rights \n                notices included in the original Software.\n\n       2.3      Redistribution\
  \ and Usage\n                Agere permits use and limited redistribution of this Licensed\
  \ Software in source and \n                binary forms, with or without modification, subject\
  \ to the following terms and conditions, \n                in addition to the terms mentioned\
  \ in this agreement. \n                \n                2.3.1 \tAgere Systems reserves the\
  \ right not to allow a third party to reuse or \n                        redistribute the\
  \ software, at its sole discretion.\n                \n                2.3.2\tUser hereby\
  \ agrees not to remove or alter any copyright, trademark, credits \n                     \
  \   and other proprietary notices contained within or associated with the Licensed \n    \
  \                    Software, and shall include all such unaltered copyright, trademark,\
  \ credits and \n                        other proprietary notices on or in every copy of the\
  \ Software.\n\n                2.3.3\tNotwithstanding any other provisions in this Agreement\
  \ to the contrary, any \n                        modifications or alterations made to the\
  \ Licensed Software shall cause any \n                        warranties and intellectual\
  \ property indemnifications to become null and \n                        void and of no further\
  \ effect.\n\n3.0  DISCLAIMER OF WARRANTY\n\n\t3.1  You understand and acknowledge that the\
  \ Software may contain errors, bugs or other \n             defects.  The Software is provided\
  \ on AS-IS basis, without warranty of any kind.\n\n\t3.2  Agere Systems has used reasonable\
  \ efforts to minimize defects or errors in the Software.  \n             HOWEVER, YOU ASSUME\
  \ THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OR INABILITY TO USE \n             THE SOFTWARE.\
  \  Specifically, but not in limitation of the foregoing disclaimers, Agere \n            \
  \ Systems does not warrant that the functions of the Software will meet your requirements\
  \ \n             or that the Software operation will be error-free or uninterrupted.\n\n\t\
  3.3  Agere Systems bears no responsibility for supplying assistance for fixing or for \n \
  \            communicating known errors to you pertaining to the Software supplied hereunder.\n\
  \n\t3.4  YOU UNDERSTAND THAT AGERE SYSTEMS, ITS AFFILIATES, CONTRACTORS, SUPPLIERS, AND AGENTS\
  \ \n             MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY\
  \ OF \n             MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.\n\n4.0  EXCLUSIVE\
  \ REMEDIES AND LIMITATION OF LIABILITIES\n\n\t4.1  Regardless of any other provisions of this\
  \ Agreement, neither Agere Systems nor its \n             affiliates, contractors, suppliers,\
  \ or agents shall be liable for any indirect, incidental, \n             or consequential\
  \ damages (including lost profits) sustained or incurred in connection with \n           \
  \  the use, operation, or inability to use the Software or for damages due to causes beyond\
  \ \n             the reasonable control of Agere Systems, its affiliates, contractors, suppliers,\
  \ and agents \n             attributable to any service, products, or action of any other\
  \ person.\n\n\t4.2  This Agreement shall be construed in accordance with and governed by the\
  \ laws of the \n             State of New York.\n\nYOU ACKNOWLEDGE THAT YOU HAVE READ THIS\
  \ AGREEMENT AND UNDERSTAND IT, AND THAT BY DOWNLOADING OR USING \nTHE SOFTWARE, YOU AGREE\
  \ TO BE BOUND BY ITS TERMS AND CONDITIONS.  YOU FURTHER AGREE THAT THIS AGREEMENT \nIS THE\
  \ COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.  THIS AGREEMENT\
  \ \nSUPERCEDES ALL PRIOR ORAL AGREEMENTS, PROPOSALS OR UNDERSTANDINGS, AND ANY OTHER COMMUNICATIONS\
  \ BETWEEN \nUS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT."
