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."