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37
Appendix E
Software End User License Agreement
Simultaneous Dual-Band Wireless-N Router
of
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 the Software to a
human-perceivable form (except to the extent expressly
permitted
by
law
notwithstanding
this
provision);
(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 Software 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 Software unless
the prospective assignee, sublicensee or transferee
expressly agrees to all the terms and conditions under this
Agreement.
The Software 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
Cisco Product in which the Software is embedded, or
(ii) uninstall the Software and destroy all copies of the
Software and Documentation where the Software is
purchased separately. All other rights of both parties and
all other provisions of this Agreement will survive this
termination.
Ownership.
The
Software
and
Documentation
are
licensed and not sold to you by Cisco and the relevant
third parties set forth in Schedule 3. Cisco and its licensors
retain all right, title and interest, including all copyright
and intellectual property rights, in and to, the Software
and Documentation and all copies 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.
Links and Advertising.
Cisco may provide from within
the Software links to websites or third party software
products that are beyond our control. Cisco makes no
representations as to the quality, suitability, functionality,
or legality of any sites or products to which links may
be provided, and you hereby waive any claim you
might have against Cisco with respect to such sites or
third party software products. Your correspondence or
business dealings with, or participation in promotions
of advertisers found through the Software and any
other terms, conditions, warranties, or representations
associated with such dealings, are solely between you and
such advertiser. 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 advertisers in the Cisco Software.
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.
The reports feature of certain Software allows you to
monitor the activity of computers running the Software in
your home or small office. You must activate this feature in
order to receive reports. If you activate the reports feature,
you agree to the following: (a) the Software tracks and
monitors the following components and activities in your
home or office: network traffic (e.g. megabytes per hour),
application usage (the foreground window is tracked and
the time each application is in the foreground during
active usage of the computer) and internet history. (b) For
all computers on which reports feature is enabled, the
above information is transmitted to servers at Cisco and/
or a third party at periodic intervals while the computer
is online. This information is associated and stored with
the email address supplied by you when you activated
the reports feature. This information is summarized into
a formal report and is emailed to the identified email
address. (c) Any computer on the network running the
Software can enable any other computer (on the same
primary network) to generate reports. When a computer
is enabled, that computer shows a notification that it is
being monitored. As long as that computer is enabled,
each time the Software is started the user of that particular
computer will see a notification that it is being monitored
by the reports feature. Any computer on the network with
the Software installed can enable or disable any other
computer from the reports feature.
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38
Appendix E
Software End User License Agreement
Simultaneous Dual-Band 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.
Your use of your Cisco product and/or the Software
constitutes consent by you to Cisco’s and/or its affiliates’
collection and use of such information and, for European
Economic Area (EEA) customers, to the transfer of such
information to a location outside 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
Privacy Statement
. Your election to use the
Cisco product and/or Software indicates your acceptance
of the terms of the Cisco Privacy Policy, so please review
the policy carefully and check the Web site above to
review updates to it.
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. 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 LIMITED WARRANTY ON MEDIA SET
FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SOFTWARE PROVIDED BY CISCO
IS 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
or software will be uninterrupted 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 any equipment,
system or network on which the product or software is
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.
TO THE
EXTENT
NOT
PROHIBITED
BY
APPLICABLE
LAW,
ALL
IMPLIED
WARRANTIES
AND
CONDITIONS
OF
MERCHANTABILITY,
SATISFACTORY
QUALITY
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. The foregoing limitations will
apply even if any warranty or remedy provided under this
limited warranty fails of its essential purpose.
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.linksysbycisco.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
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39
Appendix E
Software End User License Agreement
Simultaneous Dual-Band Wireless-N Router
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. 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.
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
you to use Cisco’s or its licensors’ names or respective
trademarks.
END OF SCHEDULE 1
Schedule 2
Network Magic Features
Network Magic License Restrictions.
Other than as set
forth in this Agreement, you may not install or execute the
Network Magic Software on any non-personal computer
product, including, but not limited to, a Web appliance,
set top box, handheld device, phone, Web pad device, or
any device running the Microsoft Windows CE operating
system.
Terms of Service for Subscription Licenses.
These Terms
of Service only apply if you have obtained a subscription
license to Network Magic as specified in your order.
1. Network Magic Cancellation
. You may cancel the
Services at any time. If you cancel the Services, Cisco will not
be obligated to provide you any Network Magic product
Upgrades. To the extent not prohibited by applicable
law, you understand and agree that cancellation of your
Services is your sole remedy with respect to any dispute
with Cisco.
2. Modifications.
Cisco may modify or cancel the terms of
this Agreement or the price, content, or nature of the Services
(including discontinuing the Services program), upon
notice to you. If Cisco modifies any of these terms, you may
cancel the Service by providing written notice to Cisco via
www.networkmagic.com/support
of such cancellation
and uninstalling the Software and discontinuing your
use of the Service. Cisco may provide notice by e-mail, via
Network Magic, or by publishing the changes on its Web
site.
3. Email Notification.
Cisco may send you email from time
to time to let you know about new products and services
that are available to you. You will be able to opt-out of
receiving these emails using the link provided within the
email. Cisco reserves the right, however, to send you Service
related email messages as long as you are a subscriber to the
Service. If you wish to opt-out of receiving Service related
email messages, you may cancel the Service by providing
written notice via
www.networkmagic.com/support
to
Cisco of such cancellation and uninstalling the Software
and discontinuing your use of the Service.
4. WARRANTY DISCLAIMER FOR SERVICES.
TO THE
EXTENT NOT PROHIBITED BY APPLICABLE LAW THE
SERVICES ARE PROVIDED ON AN “AS-IS” BASIS, AND
CISCO AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES
AND
REPRESENTATIONS
REGARDING
THE
SERVICES,
WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET
ENJOYMENT, QUALITY, AND ACCURACY. CISCO DOES NOT
WARRANT THAT THE SERVICE IS ERROR-FREE OR THAT THE
SERVICE WILL OPERATE WITHOUT INTERRUPTION
END OF SCHEDULE 2
Schedule 3
Open Source and Third Party Licenses
Schedule 3-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 3-A
will apply to that open source software. The license terms
below in this Schedule 3-A are from the public web site at
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright © 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
Page 44 / 53
40
Appendix E
Software End User License Agreement
Simultaneous Dual-Band Wireless-N Router
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
This
License
applies
to
any
program
or
other
work
0.
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.
You
may
copy
and
distribute
verbatim
copies
of
the
1.
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.
You may modify your copy or copies of the Program
2.
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:
You
must
cause
the
modified
files
to
carry
a.
prominent notices stating that you changed the
files and the date of any change.
You
must
cause
any
work
that
you
distribute
or
b.
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.
Page 45 / 53
41
Appendix E
Software End User License Agreement
Simultaneous Dual-Band Wireless-N Router
If the modified program normally reads commands
c.
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.
You
may
copy
and
distribute
the
Program
(or
a
3.
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:
Accompany
it
with
the
complete
corresponding
a.
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
b.
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
c.
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.
You
may
not
copy,
modify,
sublicense,
or
distribute
4.
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.
You are not required to accept this License, since you
5.
have not signed it. However, nothing else grants you
permission to modify or distribute the Program or its
derivative works. These actions are prohibited by law if
you do not accept this License. Therefore, by modifying
or distributing the Program (or any work based on the
Program), you indicate your acceptance of this License
to do so, and all its terms and conditions for copying,
distributing or modifying the Program or works based
on it.
Each time you redistribute the Program (or any work
6.
based on the Program), the recipient automatically
receives a license from the original licensor to copy,
distribute or modify the Program subject to these
terms and conditions. You may not impose any further
restrictions on the recipients’ exercise of the rights
granted herein. You are not responsible for enforcing
compliance by third parties to this License.

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