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or provided in or with the applicable Cisco product, and
(b) any upgrades, updates, bug fixes or modified versions
(“Upgrades”) or backup copies of the Software supplied
to You by Cisco or an authorized reseller (whether or not
for a fee), provided You already hold a valid license to the
original software and have paid any applicable fee for the
Upgrade°
“Documentation” means all documentation and other
related materials supplied by Cisco to You pursuant to this
Agreement°
“Technology” shall mean the Software and Services
collectively°
License Restrictions.
Other than as set forth in this
Agreement, You may not, nor permit anyone else to,
directly or indirectly (i) make, distribute, or, except in
connection with the use of Your Cisco product, copy the
Software or its related Documentation, or electronically
transfer the Software or Documentation from one
computer to another or over a network; (ii) alter, merge,
modify, adapt, decrypt or translate the Software or
related Documentation, or decompile, reverse engineer,
disassemble, or otherwise reduce or attempt to reduce
the Software to a human-perceivable form (except to
the extent expressly permitted by law notwithstanding
this provision or except to the extent that Cisco is legally
required to permit such specific activity pursuant to any
applicable open source license); (iii) share, sell, rent, lease,
or sublicense the Software or related Documentation;
(iv) modify the Software or create derivative works based
upon the Software; (v) if You make a backup copy of the
Software and Documentation, You must reproduce all
copyright notices and any other proprietary legends found
on the original Software and Documentation; (vi) use the
Technology for management of a business network with
more than 8 computers; (vii) use the Software under
any circumstances for competitive evaluation, including
developing competing software; (ix) to the extent
permitted under applicable law, assign, sublicense or
otherwise transfer the Technology unless the prospective
assignee, sublicensee or transferee expressly agrees to all
the terms and conditions under this Agreement°
The Technology and Documentation contain trade secrets
and/or copyrighted materials of Cisco or its suppliers°
You
will not disclose or make available such trade secrets or
copyrighted material in any form to any third party°
In the event that You fail to comply with this Agreement,
the license granted to You will automatically terminate,
at which time You must immediately (i) stop using the
Technology and the Cisco product in which the Software
is embedded, or (ii) uninstall the Software and destroy
all copies of the Software and Documentation where the
Technology is purchased separately° All other rights of
both parties and all other provisions of this Agreement
will survive this termination°
Ownership.
The Technology and Documentation are
licensed and not sold to You by Cisco and the relevant
third parties set forth in Schedule 2°
Cisco, its suppliers
and its licensors respectively retain all right, title and
interest, including all copyright and intellectual property
rights, in and to, the Technology and Documentation
and all copies, derivatives and portions thereof°
All
rights not specifically granted to You in this Agreement
are reserved by Cisco and its licensors°
Your use of any
software product from an entity other than Cisco that may
have been recommended by Cisco is governed by such
software product’s end user license agreement°
Third Party Services, Links and Advertising.
Cisco may
provide from within the Software links to web sites or
third party software products°
In addition, third party
Services may be provided with the Software which may be
subject to terms and conditions from the provider of the
Service°
Cisco makes no representations as to the quality,
suitability, functionality, or legality of any sites or products
to which links may be provided or third party Services,
and You hereby waive any claim You might have against
Cisco with respect to such sites or third party software
products or Services°
Your correspondence or business
dealings with, or participation in promotions of third
parties found through the Software and any other terms,
conditions, warranties, or representations associated with
such dealings, are solely between You and such third
party°
You agree that Cisco is not responsible or liable for
any loss or damage of any sort incurred as the result of any
such dealings or as the result of the presence of such third
party links, products or services in the Cisco Software,
and Cisco may discontinue or modify the Services or links
offered at any time°
Collection and Processing of Information.
You agree
that Cisco and/or its affiliates may, from time to time,
collect and process information about Your Cisco product
and/or the Software and/or Your use of either in order
(i) to enable Cisco to offer You Upgrades; (ii) to provide
support and assistance with Your product and/or the
Software; (iii) to ensure that Your Cisco product and/or
the Software is being used in accordance with the terms
of this Agreement; (iv) to provide improvements to the
way Cisco delivers technology to You and to other Cisco
customers; (v) to provide reports regarding the status
and health of the network, including network traffic and
application usage; (vi) to enable Cisco to comply with
the terms of any agreements it has with any third parties
regarding Your Cisco product and/or Software; and/or (vii)
to enable Cisco to comply with all applicable laws and/
or regulations, or the requirements of any regulatory
authority or government agency° Cisco and/ or its affiliates
may collect and process this information provided that it
does not identify You personally°
You agree that Cisco has
no responsibility or liability for the deletion of or failure to
store any data or other information related to Your Cisco
product, Software or related Services°
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47
Advanced Wireless-N Router
In
addition,
Cisco
may
collect
and
store
detailed
information
regarding
Your
network
configuration
and usage for the purpose of providing You technical
networking support°
The information is associated with
You only when You provide a unique ID number to the
support representative while You are receiving help°
The
unique ID is generated randomly on Your computer upon
installation and is completely under Your control°
EXCEPT
AS
OTHERWISE
PROVIDED
FOR
IN
THIS
AGREEMENT,
CISCO
HAS
NO
OBLIGATION
OF
CONFIDENTIALITY OR (EXCEPT TO THE EXTENT REQUIRED
BY THE APPLICABLE DATA PROTECTION LAWS) PRIVACY OF
ANY COMMUNICATION OR INFORMATION TRANSMITTED
USING THE TECHNOLOGY° Cisco will not be liable for the
privacy of e-mail addresses, registration and identification
information, disk space, communications, confidential
or
trade-secret
information
stored
on
equipment,
transmitted over networks accessed by the Technology,
or otherwise connected with Your use of the Technology°
Your use of Your Cisco product and/or the Technology
constitutes consent by You to Cisco’s and/or its affiliates’
collection and use of such information and, for Canadian
or European Economic Area (EEA) customers, to the
transfer of such information to a location outside
Canada or the EEA°
Any information collected by Your
Cisco product and/or the Software is done and utilized
in accordance with our Privacy Policy available at
°
Your election
to use the Cisco product and/or Technology indicates Your
acceptance and consent to Cisco’s use of Your personal
data in accordance with the terms of the Cisco Privacy
Policy, so please review the policy carefully and check the
web site above to review updates to it°
Support; Equipment.
This Agreement does not entitle
You to any support, upgrades, patches, enhancements,
or fixes (collectively, “Support”) for the Technology° Any
such Support for the Technology that may be made
available by Cisco, in its sole discretion, shall become
part of the Technology and subject to this Agreement°
You shall be responsible for obtaining and maintaining
any equipment or ancillary services needed to connect
to, access, or otherwise use the Technology, including,
without limitation, modems, hardware, software, and
long distance or local telephone service°
You shall be
responsible for ensuring that such equipment or ancillary
services are compatible with the Technology°
Software Upgrades etc.
If the Software enables You to
receive Upgrades, You may elect at any time to receive
these Upgrades either automatically or manually° If You
elect to receive Upgrades manually or You otherwise
elect not to receive or be notified of any Upgrades, You
may expose Your Cisco product and/or the Software to
serious security threats and/or some features within Your
Cisco product and/or Software may become inaccessible°
There may be circumstances where we apply an Upgrade
automatically in order to comply with changes in
legislation, legal, security or regulatory requirements or
as a result of requirements to comply with the terms of
any agreements Cisco has with any third parties regarding
Your Cisco product and/or the Software° You will always
be notified of any Upgrades being delivered to You°
In
addition, Cisco reserves the right to Upgrade our user
interface with or without notice to You° The terms of this
license will apply to any such Upgrade unless the Upgrade
in question is accompanied by a separate license, in which
event the terms of that license will apply°
Term and Termination.
You may terminate this License
at any time by destroying all copies of the Software
and documentation°
Your rights under this License will
terminate immediately without notice from Cisco if You
fail to comply with any provision of this Agreement°
Limited Warranty.
Cisco additionally warrants that any
media on which the Software may be provided will be
free from defects in materials and workmanship under
normal use for a period of ninety (90) days from the date
of original purchase°
Your exclusive remedy and Cisco’s
entire liability under this limited warranty will be for Cisco,
at its option, to (a) replace the Software media, or (b)
refund the purchase price of the Software media°
EXCEPT FOR THE WRITTEN LIMITED WARRANTY ON
MEDIA SET FORTH ABOVE AND PROVIDED IN YOUR
CISCO PRODUCT PACKAGING WITH THE PURCHASE OF
THE RELEVANT CISCO PRODUCT AND TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SOFTWARE
AND SERVICES PROVIDED BY CISCO ARE PROVIDED “AS
IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY
KIND° Without limiting the foregoing, Cisco does not
warrant that the operation of the product, software or
services will be uninterrupted, bug free or error free° Also,
due to the continual development of new techniques for
intruding upon and attacking networks, Cisco does not
warrant that the product, software or services, or any
equipment, system or network on which the product,
software or services are used will be free of vulnerability
to intrusion or attack° The product may include or be
bundled with third party software or service offerings°
This limited warranty shall not apply to such third party
software or service offerings° This limited warranty does
not guarantee any continued availability of a third party’s
service for which this product’s use or operation may
require°
CISCO DOES NOT AND CANNOT WARRANT THE RESULTS
YOU MAY OBTAIN BY USING THE TECHNOLOGY°
THIS
SECTION CONSTITUTES AN ESSENTIAL PART OF THE
AGREEMENT, AND THE FOREGOING DISCLAIMERS ALSO
APPLY WITH RESPECT TO CISCO, THEIR DISTRIBUTORS,
CONTRACTORS AND AGENTS°
Further, Cisco has no
special relationship with or fiduciary duty to You°
You
acknowledge that Cisco has no control over, and no duty
to take any action regarding: which users gain access to
the Technology°
The Technology may contain, or enable
You to access, information that some people may find
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Appendix E: Software End User License Agreement
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Advanced Wireless-N Router
offensive or inappropriate°
Cisco makes no representations
concerning any content contained in or accessed through
the Technology, and Cisco will not be responsible or
liable for the accuracy, copyright compliance, legality or
decency of material contained in or accessed through the
Technology°
TO THE
EXTENT
NOT
PROHIBITED
BY
APPLICABLE
LAW,
ALL
IMPLIED
WARRANTIES
AND
CONDITIONS
OF
MERCHANTABILITY,
SATISFACTORY
QUALITY,
NONINFRINGEMENT OR FITNESS FOR A PARTICULAR
PURPOSE ARE LIMITED TO THE DURATION OF THE
WARRANTY PERIOD° ALL OTHER EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS AND WARRANTIES ARE
DISCLAIMED° Some jurisdictions do not allow limitations
on how long an implied warranty lasts, so the above
limitation may not apply to You° This limited warranty
gives You specific legal rights, and You may also have
other rights which vary by jurisdiction°
Disclaimer of Liabilities.
TO THE EXTENT NOT PROHIBITED
BY APPLICABLE LAW, IN NO EVENT WILL CISCO BE LIABLE
FOR ANY LOST DATA, REVENUE OR PROFIT, OR FOR SPECIAL,
INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE
DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY
(INCLUDING NEGLIGENCE), ARISING OUT OF OR RELATED
TO THE USE OF OR INABILITY TO USE THE PRODUCT,
SOFTWARE OR ANY SERVICES PROVIDED IN RESPECT
OF SUCH PRODUCT OR SOFTWARE, EVEN IF CISCO HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES°
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW,
IN NO EVENT WILL CISCO’S LIABILITY EXCEED THE
AMOUNT PAID BY YOU FOR THE PRODUCT°
IF YOU LIVE
IN THE EUROPEAN UNION, REFERENCES TO “SPECIAL,
INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL
DAMAGES” SHALL MEAN ANY LOSSES WHICH (i) WERE
NOT REASONABLY FORESEEABLE BY BOTH PARTIES, AND/
OR (ii) WERE KNOWN TO YOU BUT NOT TO US AND/OR (iii)
WERE REASONABLY FORESEEABLE BY BOTH PARTIES BUT
COULD HAVE BEEN PREVENTED BY YOU SUCH AS, FOR
EXAMPLE (BUT WITHOUT LIMITATION), LOSSES CAUSED
BY VIRUSES, TROJANS OR OTHER MALICIOUS PROGRAMS,
OR LOSS OF OR DAMAGE TO YOUR DATA°
THE FOREGOING
LIMITATIONS WILL APPLY WITH RESPECT TO CISCO, ITS
DISTRIBUTORS, CONTRACTORS, AND AGENTS AND EVEN
IF ANY WARRANTY OR REMEDY PROVIDED UNDER THIS
LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE°
NOTHING IN THIS SECTION SHALL LIMIT THE LIABILITY OF
CISCO OR ITS DISTRIBUTORS, CONTRACTORS OR AGENTS
IN RELATION TO DEATH OR PERSONAL INJURIES CAUSED
BY THEIR NEGLIGENCE°
Indemnity.
You agree that Cisco and its distributors,
partners, contractors and agents shall have no liability
whatsoever for any use You make of the Technology°
You shall indemnify and hold harmless Cisco and its
distributors,
partners,
contractors
and
agents
from
any claims, damages, losses, liabilities, costs and fees
(including reasonable attorney fees) arising from Your use
of the Technology as well as from Your failure to comply
with any term of this Agreement°
Technical Support.
This limited warranty is neither
a service nor a support contract°
Information about
Cisco’s current technical support offerings and policies
(including any fees for support services) can be found at
www.myciscohome.com/support
°
Export.
Software, including technical data, may be
subject to U°S° export control laws and regulations and/or
export or import regulations in other countries°
You agree
to comply strictly with all such laws and regulations°
U.S. Government Users.
The Software and Documentation
qualify as “commercial items” as defined at 48 C°F°R° 2°101
and 48 C°F°R° 12°212°
All Government users acquire the
Software and Documentation with only those rights
herein that apply to non-governmental customers°
Use of
either the Software or Documentation or both constitutes
agreement by the Government that the Software and
Documentation are “commercial computer software”
and “commercial computer software documentation,”
and constitutes acceptance of the rights and restrictions
herein°
General Terms.
This Agreement will be governed by and
construed in accordance with the laws of the State of
California, without reference to conflict of laws principles°
The United Nations Convention on Contracts for the
International Sale of Goods will not apply° If any portion
of this Agreement is found to be void or unenforceable,
the remaining provisions will remain in full force and
effect° Each party recognizes and agrees that the
warranty disclaimers and liability and remedy limitations
in this Agreement are material bargained for bases of
this Agreement and that they are reasonable and have
been taken into account and reflected in determining
the consideration to be given by each party under this
Agreement and in the decision by each party to enter
into this Agreement°
Cisco’s distributors, contractors
and agents are intended third party beneficiaries under
this Agreement°
This Agreement constitutes the entire
agreement between the parties with respect to the
Software and supersedes any conflicting or additional
terms contained in any purchase order or elsewhere°
Except as set forth in the above “License” Section or
otherwise expressly provided under this Agreement, no
amendment to or modification of this Agreement will be
binding unless in writing and signed by Cisco and You°
Linksys, Cisco and the Cisco Logo and other trademarks
contained in the Software and Documentation are
trademarks or registered trademarks of Linksys, Cisco,
its licensors and third parties, as the case may be°
You
may not remove or alter any trademark, trade names,
product names, logo, copyright or other proprietary
notices, legends, symbols or labels in the Software and
Documentation°
This Agreement does not authorize
Page 49 / 59
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Advanced Wireless-N Router
You to use Cisco’s or its licensors’ names or respective
trademarks°
END OF SCHEDULE 1
Schedule 2
Open Source and Third Party Licenses
Schedule 2-A
If this Cisco product contains open source software
licensed under Version 2 of the “GNU General Public
License” then the license terms below in this Schedule 2-A
will apply to that open source software°
The license terms
below in this Schedule 2-A are from the public web site at
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc°
51 Franklin Street, Fifth Floor, Boston, MA
02110-1301, USA
Everyone is permitted to copy and distribute verbatim
copies of this license document, but changing it is not
allowed°
Preamble
The licenses for most software are designed to take away
your freedom to share and change it° By contrast, the
GNU General Public License is intended to guarantee your
freedom to share and change free software--to make sure
the software is free for all its users° This General Public
License applies to most of the Free Software Foundation’s
software and to any other program whose authors
commit to using it° (Some other Free Software Foundation
software is covered by the GNU Lesser General Public
License instead°) You can apply it to your programs, too°
When we speak of free software, we are referring to
freedom, not price° Our General Public Licenses are
designed to make sure that you have the freedom to
distribute copies of free software (and charge for this
service if you wish), that you receive source code or can
get it if you want it, that you can change the software or
use pieces of it in new free programs; and that you know
you can do these things°
To protect your rights, we need to make restrictions that
forbid anyone to deny you these rights or to ask you to
surrender the rights° These restrictions translate to certain
responsibilities for you if you distribute copies of the
software, or if you modify it°
For example, if you distribute copies of such a program,
whether gratis or for a fee, you must give the recipients
all the rights that you have° You must make sure that they,
too, receive or can get the source code° And you must
show them these terms so they know their rights°
We protect your rights with two steps: (1) copyright the
software, and (2) offer you this license which gives you
legal permission to copy, distribute and/or modify the
software°
Also, for each author’s protection and ours, we want to
make certain that everyone understands that there is no
warranty for this free software° If the software is modified
by someone else and passed on, we want its recipients
to know that what they have is not the original, so that
any problems introduced by others will not reflect on the
original authors’ reputations°
Finally, any free program is threatened constantly by
software patents° We wish to avoid the danger that
redistributors of a free program will individually obtain
patent licenses, in effect making the program proprietary°
To prevent this, we have made it clear that any patent
must be licensed for everyone’s free use or not licensed
at all°
The precise terms and conditions for copying, distribution
and modification follow°
TERMS AND CONDITIONS FOR COPYING,
DISTRIBUTION AND MODIFICATION
0° This License applies to any program or other work
which contains a notice placed by the copyright
holder saying it may be distributed under the terms
of this General Public License° The “Program”, below,
refers to any such program or work, and a “work based
on the Program” means either the Program or any
derivative work under copyright law: that is to say, a
work containing the Program or a portion of it, either
verbatim or with modifications and/or translated into
another language° (Hereinafter, translation is included
without limitation in the term “modification”°) Each
licensee is addressed as “you”°
Activities
other
than
copying,
distribution
and
modification are not covered by this License; they
are outside its scope° The act of running the Program
is not restricted, and the output from the Program is
covered only if its contents constitute a work based on
the Program (independent of having been made by
running the Program)° Whether that is true depends
on what the Program does°
1° You may copy and distribute verbatim copies of the
Program’s source code as you receive it, in any medium,
provided that you conspicuously and appropriately
publish on each copy an appropriate copyright notice
and disclaimer of warranty; keep intact all the notices
that refer to this License and to the absence of any
warranty; and give any other recipients of the Program
a copy of this License along with the Program°
You may charge a fee for the physical act of transferring
a copy, and you may at your option offer warranty
protection in exchange for a fee°
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Advanced Wireless-N Router
You may modify your copy or copies of the Program
or any portion of it, thus forming a work based on the
Program, and copy and distribute such modifications
or work under the terms of Section 1 above, provided
that you also meet all of these conditions:
a° You must cause the modified files to carry
prominent notices stating that you changed the
files and the date of any change°
b° You must cause any work that you distribute or
publish, that in whole or in part contains or is
derived from the Program or any part thereof, to be
licensed as a whole at no charge to all third parties
under the terms of this License°
If the modified program normally reads commands
interactively when run, you must cause it, when
started running for such interactive use in the most
ordinary way, to print or display an announcement
including an appropriate copyright notice and
a notice that there is no warranty (or else, saying
that you provide a warranty) and that users may
redistribute the program under these conditions,
and telling the user how to view a copy of
this License° (Exception: if the Program itself is
interactive but does not normally print such an
announcement, your work based on the Program
is not required to print an announcement°)
These requirements apply to the modified work as
a whole° If identifiable sections of that work are not
derived from the Program, and can be reasonably
considered
independent
and
separate
works
in
themselves, then this License, and its terms, do not
apply to those sections when you distribute them as
separate works° But when you distribute the same
sections as part of a whole which is a work based on
the Program, the distribution of the whole must be on
the terms of this License, whose permissions for other
licensees extend to the entire whole, and thus to each
and every part regardless of who wrote it°
Thus, it is not the intent of this section to claim rights
or contest your rights to work written entirely by you;
rather, the intent is to exercise the right to control the
distribution of derivative or collective works based on
the Program°
In addition, mere aggregation of another work not
based on the Program with the Program (or with a
work based on the Program) on a volume of a storage
or distribution medium does not bring the other work
under the scope of this License°
3° You may copy and distribute the Program (or a
work based on it, under Section 2) in object code or
executable form under the terms of Sections 1 and 2
above provided that you also do one of the following:
a° Accompany it with the complete corresponding
machine-readable source code, which must be
distributed under the terms of Sections 1 and 2
above on a medium customarily used for software
interchange; or,
Accompany it with a written offer, valid for at least
three years, to give any third party, for a charge
no more than your cost of physically performing
source distribution, a complete machine-readable
copy of the corresponding source code, to be
distributed under the terms of Sections 1 and 2
above on a medium customarily used for software
interchange; or,
Accompany it with the information you received as
to the offer to distribute corresponding source code°
(This alternative is allowed only for noncommercial
distribution and only if you received the program
in object code or executable form with such an
offer, in accord with Subsection b above°)
The source code for a work means the preferred form
of the work for making modifications to it° For an
executable work, complete source code means all
the source code for all modules it contains, plus any
associated interface definition files, plus the scripts
used to control compilation and installation of the
executable° However, as a special exception, the source
code distributed need not include anything that is
normally distributed (in either source or binary form)
with the major components (compiler, kernel, and so
on) of the operating system on which the executable
runs, unless that component itself accompanies the
executable°
If distribution of executable or object code is made
by offering access to copy from a designated place,
then offering equivalent access to copy the source
code from the same place counts as distribution of
the source code, even though third parties are not
compelled to copy the source along with the object
code°
4° You may not copy, modify, sublicense, or distribute
the Program except as expressly provided under
this License° Any attempt otherwise to copy, modify,
sublicense or distribute the Program is void, and will
automatically terminate your rights under this License°
However, parties who have received copies, or rights,
from you under this License will not have their licenses
terminated so long as such parties remain in full
compliance°

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