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40
Appendix E
Software License Agreement
Wireless-G Internet Home Monitoring Camera
Appendix E: Software
License Agreement
Software in Linksys Products
This product from Cisco-Linksys LLC or from one of its
affiliates Cisco Systems-Linksys (Asia) Pte Ltd. or Cisco-
Linksys K.K. (“Linksys”) contains software (including
firmware) originating from Linksys and its suppliers
and may also contain software from the open source
community. Any software originating from Linksys and its
suppliers is licensed under the Linksys Software License
Agreement contained at Schedule 1 below. You may also
be prompted to review and accept that Linksys Software
License Agreement upon installation of the software
Any software from the open source community is licensed
under the specific license terms applicable to that software
made available by Linksys at
www.linksys.com/gpl
or as
provided for in Schedules 2, 3 and 4 below.
Where such specific license terms entitle you to the source
code of such software, that source code is upon request
available at cost from Linksys for at least three years
from the purchase date of this product and may also be
available for download from
www.linksys.com/gpl
. For
detailed license terms and additional information on
open source software in Linksys products please look at
the Linksys public web site at:
www.linksys.com/gpl/
or
Schedules 2, 3 or 4 below as applicable.
BY DOWNLOADING OR INSTALLING THE SOFTWARE,
OR USING THE PRODUCT CONTAINING THE SOFTWARE,
YOU ARE CONSENTING TO BE BOUND BY THE SOFTWARE
LICENSE AGREEMENTS BELOW. IF YOU DO NOT AGREE TO
ALL OF THESE TERMS, THEN YOU MAY NOT DOWNLOAD,
INSTALL OR USE THE SOFTWARE. YOU MAY RETURN
UNUSED SOFTWARE (OR, IF THE SOFTWARE IS SUPPLIED
AS PART OF ANOTHER PRODUCT, THE UNUSED PRODUCT)
FOR A FULL REFUND UP TO 30 DAYS AFTER ORIGINAL
PURCHASE, SUBJECT TO THE RETURN PROCESS AND
POLICIES OF THE PARTY FROM WHICH YOU PURCHASED
SUCH PRODUCT OR SOFTWARE.
Software Licenses
The software Licenses applicable to software from Linksys
are made available at the Linksys public web site at:
www.linksys.com
. For your convenience of reference, a
copy of the Linksys Software License Agreement and the
main open source code licenses used by Linksys in its
products are contained in the Schedules below.
Schedule 1 - Linksys Software License Agreement
THIS
LICENSE
AGREEMENT
IS
BETWEEN YOU
AND
CISCO-LINKSYS LLC OR ONE OF ITS AFFILIATES CISCO
SYSTEMS-LINKSYS (ASIA) PTE LTD. OR CISCO-LINKSYS
K.K. (“LINKSYS”) LICENSING THE SOFTWARE INSTEAD OF
CISCO-LINKSYS LLC. BY DOWNLOADING OR INSTALLING
THE SOFTWARE, OR USING THE PRODUCT CONTAINING
THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY
THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE
TERMS, THEN YOU MAY NOT DOWNLOAD, INSTALL OR USE
THE SOFTWARE. YOU MAY RETURN UNUSED SOFTWARE
(OR, IF THE SOFTWARE IS SUPPLIED AS PART OF ANOTHER
PRODUCT, THE UNUSED PRODUCT) FOR A FULL REFUND
UP TO 30 DAYS AFTER ORIGINAL PURCHASE, SUBJECT TO
THE RETURN PROCESS AND POLICIES OF THE PARTY FROM
WHICH YOU PURCHASED SUCH PRODUCT OR SOFTWARE.
License.
Subject to the terms and conditions of this
Agreement, Linksys grants the original end user purchaser
of the Linksys product containing the Software (“You”)
a nonexclusive license to use the Software solely as
embedded in or (where authorized in the applicable
documentation) for communication with such product.
This license may not be sublicensed, and is not transferable
except to a person or entity to which you transfer
ownership of the complete Linksys product containing
the Software, provided you permanently transfer all rights
under this Agreement and do not retain any full or partial
copies of the Software, and the recipient agrees to the
terms of this Agreement.
“Software” includes, and this Agreement will apply to
(a) the software of Linksys or its suppliers provided in or
with the applicable Linksys product, excluding technology
from the open source community, and (b) any upgrades,
updates, bug fixes or modified versions (“Upgrades”) or
backup copies of the Software supplied to You by Linksys
or an authorized reseller, provided you already hold a
valid license to the original software and have paid any
applicable fee for the Upgrade.
Protection
of
Information.
The
Software
and
documentation contain trade secrets and/or copyrighted
materials of Linksys or its suppliers. You will not copy
or modify the Software or decompile, decrypt, reverse
engineer or disassemble the Software (except to the
extent expressly permitted by law notwithstanding this
provision), and You will not disclose or make available
such trade secrets or copyrighted material in any form
to any third party. Title to and ownership of the Software
and documentation and any portion thereof, will remain
solely with Linksys or its suppliers.
Collection and Processing of Information.
You agree that
Linksys and/or its affiliates may, from time to time, collect
and process information about your Linksys product and/
or the Software and/or your use of either in order (i) to
enable Linksys to offer you Upgrades; (ii) to ensure that
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41
Appendix E
Software License Agreement
Wireless-G Internet Home Monitoring Camera
your Linksys product and/or the Software is being used in
accordance with the terms of this Agreement; (iii) to provide
improvements to the way Linksys delivers technology to
you and to other Linksys customers; (iv) to enable Linksys
to comply with the terms of any agreements it has with
any third parties regarding your Linksys product and/or
Software and/or (v) to enable Linksys to comply with all
applicable laws and/or regulations, or the requirements
of any regulatory authority or government agency.
Linksys and/ or its affiliates may collect and process
this information provided that it does not identify you
personally. Your use of your Linksys product and/or the
Software constitutes this consent by you to Linksys and/
or its affiliates’ collection and use of such information and,
for EEA customers, to the transfer of such information to a
location outside the EEA.
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 Linksys product and/or the Software
to serious security threats and/or some features within
your Linksys 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 or regulatory requirements
or as a result of requirements to comply with the terms
of any agreements Linksys has with any third parties
regarding your Linksys 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.
Open Source Software.
The GPL or other open source
code incorporated into the Software and the open source
license for such source code are available for free download
at
. If You would like a copy
of the GPL or other open source code in this Software on a
CD, Linksys will mail to You a CD with such code for $9.99
plus the cost of shipping, upon request.
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 Linksys if You
fail to comply with any provision of this Agreement.
Limited Warranty.
The warranty terms and period
specified in the applicable Linksys Product User Guide
shall also apply to the Software.
Disclaimer of Liabilities.
IN NO EVENT WILL LINKSYS OR
ITS SUPPLIERS BE LIABLE FOR ANY LOST DATA, REVENUE
OR PROFIT, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
INCIDENTAL OR PUNITIVE DAMAGES, REGARDLESS OF
CAUSE (INCLUDING NEGLIGENCE), ARISING OUT OF
OR RELATED TO THE USE OF OR INABILITY TO USE THE
SOFTWARE, EVEN IF LINKSYS HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL
LINKSYS’ LIABILITY EXCEED THE AMOUNT PAID BY YOU
FOR THE PRODUCT. The foregoing limitations will apply
even if any warranty or remedy under this Agreement fails
of its essential purpose. Some jurisdictions do not allow
the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not
apply to You.
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.
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.
END OF SCHEDULE 1
Schedule 2
If this Linksys product contains open source software
licensed under Version 2 of the “GNU General Public
License” then the license terms below in this Schedule 2
will apply to that open source software. The license terms
below in this Schedule 2 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
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42
Appendix E
Software License Agreement
Wireless-G Internet Home Monitoring Camera
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
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.
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43
Appendix E
Software License Agreement
Wireless-G Internet Home Monitoring Camera
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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44
Appendix E
Software License Agreement
Wireless-G Internet Home Monitoring Camera
If, as a consequence of a court judgment or allegation
7.
of patent infringement or for any other reason (not
limited to patent issues), conditions are imposed on
you (whether by court order, agreement or otherwise)
that contradict the conditions of this License, they do
not excuse you from the conditions of this License. If
you cannot distribute so as to satisfy simultaneously
your obligations under this License and any other
pertinent obligations, then as a consequence you
may not distribute the Program at all. For example,
if a patent license would not permit royalty-free
redistribution of the Program by all those who receive
copies directly or indirectly through you, then the only
way you could satisfy both it and this License would be
to refrain entirely from distribution of the Program.
If any portion of this section is held invalid or
unenforceable under any particular circumstance,
the balance of the section is intended to apply and
the section as a whole is intended to apply in other
circumstances.
It is not the purpose of this section to induce you to
infringe any patents or other property right claims or
to contest validity of any such claims; this section has
the sole purpose of protecting the integrity of the free
software distribution system, which is implemented
by
public
license
practices.
Many
people
have
made generous contributions to the wide range of
software distributed through that system in reliance
on consistent application of that system; it is up to
the author/donor to decide if he or she is willing to
distribute software through any other system and a
licensee cannot impose that choice.
This section is intended to make thoroughly clear
what is believed to be a consequence of the rest of this
License.
If
the
distribution
and/or
use
of
the
Program
is
8.
restricted in certain countries either by patents or by
copyrighted interfaces, the original copyright holder
who places the Program under this License may add an
explicit geographical distribution limitation excluding
those countries, so that distribution is permitted only
in or among countries not thus excluded. In such case,
this License incorporates the limitation as if written in
the body of this License.
The
Free
Software
Foundation
may
publish
revised
9.
and/or new versions of the General Public License
from time to time. Such new versions will be similar in
spirit to the present version, but may differ in detail to
address new problems or concerns.
Each version is given a distinguishing version number.
If the Program specifies a version number of this
License which applies to it and “any later version”, you
have the option of following the terms and conditions
either of that version or of any later version published
by the Free Software Foundation. If the Program does
not specify a version number of this License, you
may choose any version ever published by the Free
Software Foundation.
If
you
wish
to
incorporate
parts
of
the
Program
into
10.
other free programs whose distribution conditions are
different, write to the author to ask for permission. For
software which is copyrighted by the Free Software
Foundation, write to the Free Software Foundation; we
sometimes make exceptions for this. Our decision will
be guided by the two goals of preserving the free status
of all derivatives of our free software and of promoting
the sharing and reuse of software generally.
NO WARRANTY
BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE,
11.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE
EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT
WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT
HOLDERS AND/OR OTHER PARTIES PROVIDE THE
PROGRAM “AS IS” WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE PROGRAM IS WITH YOU.
SHOULD THE PROGRAM PROVE DEFECTIVE, YOU
ASSUME THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR
12.
AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER,
OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE,
BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY
GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OR INABILITY TO
USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO
LOSS OF DATA OR DATA BEING RENDERED INACCURATE
OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR
A FAILURE OF THE PROGRAM TO OPERATE WITH ANY
OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
END OF TERMS AND CONDITIONS
END OF SCHEDULE 2
Schedule 3
If this Linksys product contains open source software
licensed under Version 2.1 of the“GNU Lesser General Public
License” then the license terms below in this Schedule 3
will apply to that open source software. The license terms
below in this Schedule 3 are from the public web site at
.
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