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3.Copyright
The Software and Documentation contain material that is protected by United
States Copyright Law and trade secret law, and by international treaty provisions.
All rights not granted to you herein are expressly reserved by ZyXEL.
You may not
remove any proprietary notice of ZyXEL or any of its licensors from any copy of
the Software or Documentation.
4.Restrictions
You may not publish, display, disclose, sell, rent, lease, modify, store, loan,
distribute, or create derivative works of the Software, or any part thereof. You
may not assign, sublicense, convey or otherwise transfer, pledge as security or
otherwise encumber the rights and licenses granted hereunder with respect to the
Software. Certain components of the Software, and third party open source
programs included with the Software, have been or may be made available by
ZyXEL on its Open Source web site (ftp://opensource.zyxel.com) (collectively the
"Open-Sourced Components") You may modify or replace only these Open-
Sourced Components; provided that you comply with the terms of this License and
any applicable licensing terms governing use of the Open-Sourced Components.
ZyXEL is not obligated to provide any maintenance, technical or other support for
the resultant modified Software. You may not copy, reverse engineer, decompile,
reverse compile, translate, adapt, or disassemble the Software, or any part
thereof, nor shall you attempt to create the source code from the object code for
the Software. Except as and only to the extent expressly permitted in this License,
by applicable licensing terms governing use of the Open-Sourced Components, or
by applicable law, you may not market, co-brand, private label or otherwise
permit third parties to link to the Software, or any part thereof.
You may not use
the Software, or any part thereof, in the operation of a service bureau or for the
benefit of any other person or entity.
You may not cause, assist or permit any
third party to do any of the foregoing. Portions of the Software utilize or include
third party software and other copyright material. Acknowledgements, licensing
terms and disclaimers for such material are contained in the online electronic
documentation for the Software (ftp://opensource.zyxel.com), and your use of
such material is governed by their respective terms. ZyXEL has provided, as part
of the Software package, access to certain third party software as a convenience.
To the extent that the Software contains third party software, ZyXEL has no
express or implied obligation to provide any technical or other support for such
software. Please contact the appropriate software vendor or manufacturer directly
for technical support and customer service related to its software and products.
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5.Confidentiality
You acknowledge that the Software contains proprietary trade secrets of ZyXEL
and you hereby agree to maintain the confidentiality of the Software using at least
as great a degree of care as you use to maintain the confidentiality of your own
most confidential information.
You agree to reasonably communicate the terms
and conditions of this License Agreement to those persons employed by you who
come into contact with the Software, and to use reasonable best efforts to ensure
their compliance with such terms and conditions, including, without limitation, not
knowingly permitting such persons to use any portion of the Software for the
purpose of deriving the source code of the Software.
6.No Warranty
THE SOFTWARE IS PROVIDED "AS IS."
TO THE MAXIMUM EXTENT PERMITTED BY
LAW, ZyXEL DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ZyXEL DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET
ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL
OPERATE ERROR FREE, OR IN AN UNINTERUPTED FASHION, OR THAT ANY
DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE
SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM.
SOME
JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED
WARRANTIES SO THEY MAY NOT APPLY TO YOU.
IF THIS EXCLUSION IS HELD TO
BE UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THEN ALL
EXPRESS AND IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION TO A
PERIOD OF THIRTY (30) DAYS FROM THE DATE OF PURCHASE OF THE SOFTWARE,
AND NO WARRANTIES SHALL APPLY AFTER THAT PERIOD.
7.Limitation of Liability
IN NO EVENT WILL ZyXEL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS
INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
PROGRAM, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF ZyXEL HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZyXEL's AGGREGATE
LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR
OTHERWISE WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION OR
OTHERWISE SHALL BE EQUAL TO THE PURCHASE PRICE, BUT SHALL IN NO
EVENT EXCEED THE PRODUCT'S PRICE. BECAUSE SOME STATES/COUNTRIES DO
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NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8.Export Restrictions
THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY APPLICABLE
LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT OF
THE SOFTWARE OR INFORMATION ABOUT SUCH SOFTWARE WHICH MAY BE
IMPOSED FROM TIME TO TIME.
YOU SHALL NOT EXPORT THE SOFTWARE,
DOCUMENTATION OR INFORMATION ABOUT THE SOFTWARE AND
DOCUMENTATION WITHOUT COMPLYING WITH SUCH LAWS, REGULATIONS,
ORDERS, OR OTHER RESTRICTIONS.
YOU AGREE TO INDEMNIFY ZyXEL AGAINST
ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES,
INCLUDING REASONABLE ATTORNEYS' FEES, TO THE EXTENT SUCH CLAIMS
ARISE OUT OF ANY BREACH OF THIS SECTION 8.
9.Audit Rights
ZyXEL SHALL HAVE THE RIGHT, AT ITS OWN EXPENSE, UPON REASONABLE PRIOR
NOTICE, TO PERIODICALLY INSPECT AND AUDIT YOUR RECORDS TO ENSURE
YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS LICENSE
AGREEMENT.
10.Termination
This License Agreement is effective until it is terminated.
You may terminate this
License Agreement at any time by destroying or returning to ZyXEL all copies of
the Software and Documentation in your possession or under your control.
ZyXEL
may terminate this License Agreement for any reason, including, but not limited
to, if ZyXEL finds that you have violated any of the terms of this License
Agreement.
Upon notification of termination, you agree to destroy or return to
ZyXEL all copies of the Software and Documentation and to certify in writing that
all known copies, including backup copies, have been destroyed.
All provisions
relating to confidentiality, proprietary rights, and non-disclosure shall survive the
termination of this Software License Agreement.
12.General
This License Agreement shall be construed, interpreted and governed by the laws
of Republic of China without regard to conflicts of laws provisions thereof.
The
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exclusive forum for any disputes arising out of or relating to this License
Agreement shall be an appropriate court or Commercial Arbitration Association
sitting in ROC, Taiwan.
This License Agreement shall constitute the entire
Agreement between the parties hereto.
This License Agreement, the rights
granted hereunder, the Software and Documentation shall not be assigned by you
without the prior written consent of ZyXEL.
Any waiver or modification of this
License Agreement shall only be effective if it is in writing and signed by both
parties hereto.
If any part of this License Agreement is found invalid or
unenforceable by a court of competent jurisdiction, the remainder of this License
Agreement shall be interpreted so as to reasonably effect the intention of the
parties.
Note: Some components of the P-663HN-51 incorporate source code covered under
the GPL License, LGPL License, BSD License, and BSD like License. To obtain
the source code covered under those Licenses, please check ftp://
opensource.zyxel.com to get it.
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