Developer License Agreement
SOFTWARE LICENSE AGREEMENT

NB! This agreement is valid for the embedded firmware only. Please follow this link to view the General Public License for the open source driver which is downloadable at SourceForge.net

 

CAREFULLY READ ALL OF THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT BEFORE YOU USE THE SOFTWARE
[SpeedTouch USB FIRMWARE].

THIS SOFTWARE LICENSE AGREEMENT (THIS "AGREEMENT") IS A LEGALLY BINDING AGREEMENT BETWEEN THE DEVELOPER OF THE SOFTWARE (THE "DEVELOPER") AND THOMSON MULTIMEDIA BROADBAND BELGIUM N.V. ("THOMSON"). BY USING OR INSTALLING THE SOFTWARE (AS UPDATED BY THOMSON FROM TIME TO TIME, THE "SOFTWARE") THE DEVELOPER IS ACCEPTING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

1. Grant of License. The Software and all accompanying documentation, including but not limited to the Interface Specification (the "Documentation) are licensed to the Developer under the terms and conditions set forth in this Agreement. Subject to such terms and conditions, Thomson hereby grants to the Developer a non-exclusive, nontransferable right to use the Software and the Documentation solely in combination with Thomson's line of SpeedTouch USB ADSL modem products; which are rightfully acquired and/or used by the Developer (Licensee).

2. Limitations on Use. The Developer will not modify or translate the Software or the Documentation without the prior written consent of Thomson. The Developer will not reverse engineer, decompile, disassemble or otherwise attempt to recreate the source code of the Software. The Developer will not separate from the Software any of the component parts of the Software.

3. Limitations on Duplication. The Developer will not make any copies of the Software or the Documentation; provided, however, that the Developer may make one complete copy of the Software or the Documentation solely for backup purposes if such copy of the Software or Documentation contains the notation "Copyright Thomson". The Developer will not print any on-line or electronic documentation other than solely for developing, servicing, operating or training purposes.

4. Limitations on Transfer. The Developer will not sell, rent, lease or otherwise transfer any or all of the Software, the Documentation or any copies thereof, without the prior written consent of Thomson. The Developer will not sublicense, assign, delegate, rent, lease or otherwise transfer any or all of its rights under this Agreement.

5. Ownership and Copyright. The Developer has not acquired, by virtue of this Agreement, any right of ownership in or to the Software, the Documentation or any related patent, copyright, trademark or other intellectual property right. By virtue of this Agreement, the Developer has acquired a right of ownership solely in and to the physical media on which the Software and the Documentation are recorded or fixed. Thomson, its licensors and their respective licensors retain all right, title and interest in and to the Software, the Documentation and any and all copies thereof, except for the rights expressly granted to the Developer pursuant to this Agreement and as may be granted by Thomson from time to time. Such right, title and interest of Thomson is, and such right, title and interest of Thomson's licensors and their respective licensors may be, protected by applicable copyright laws and international treaties.

6. Term and Termination. The term of this Agreement commences upon the first use by the Developer of the Software and expires upon the termination of this Agreement which shall automatically occur in case the Licensee stops using the SpeedTouch USB ADSL modem products. If the Developer fails to comply with any of the terms and conditions set forth in this Agreement, then (a) this Agreement will automatically terminate, (b) in the event of such termination, the Developer will (i) destroy or permanently erase the Software and any and all copies thereof and (ii) destroy the Documentation and any and all copies thereof, and (c) Thomson may exercise any or all remedies available to it under applicable laws. In addition, the Developer may terminate this Agreement at any time by (a) destroying or permanently erasing the Software and any and all copies thereof and (b) destroying the Documentation and any and all copies thereof.

7. NO WARRANTIES. THE SOFTWARE IS MADE AVAILABLE TO THE DEVELOPER ON AN "AS IS" BASIS WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions may not permit the exclusion of implied warranties; so the above exclusion may not apply to the Developer. The Developer may have other rights that vary from jurisdiction to jurisdiction. Thomson may from time to time, in its sole discretion, make available to the Developer, with or without charge, updates to the Software or the Documentation. No such action will create any warranty obligation on the part of Thomson.

8. LIMITATION OF REMEDIES. IN NO EVENT WILL THOMSON, ITS LICENSORS OR THEIR RESPECTIVE LICENSORS BE LIABLE FOR ANY DAMAGES OR OTHER RELIEF WHATSOEVER ARISING OUT OF DEVELOPER'S USE OR INABILITY TO USE THE SOFTWARE OR THE DOCUMENTATION, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LEGAL FEES ARISING OUT OF SUCH USE OR INABILITY TO USE THE SOFTWARE, EVEN IF THOMSON, ITS LICENSORS OR THEIR RESPECTIVE LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions may not permit the exclusion or limitation of incidental or consequential damages; so the above exclusion or limitation may not apply to the Developer.

9. Governing Law. This Agreement will be governed by and construed in accordance with the laws of Belgium, without giving effect to the conflicts of laws principles thereof.

10. Other Terms. Additional or different terms and conditions may be applicable to the Developer if so agreed in writing by the vendor of the Software, Thomson, its licensors and/or their respective licensors.

 

 
  By downloading, you accept the terms and conditions mentioned in the above License Agreement
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