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-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.