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diff --git a/licenses/qpopper b/licenses/qpopper new file mode 100644 index 000000000..bb4cd9e2a --- /dev/null +++ b/licenses/qpopper @@ -0,0 +1,141 @@ +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 + 1993-2006 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. |