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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
- 1993-2006 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.