This product contains wlags49 software. For this software the following notice applies:
This software is provided subject to the following terms and conditions, which you should read carefully before
using the software. Using this software indicates your acceptance of these terms and conditions. If you do not agree
with these terms and conditions, do not use the software.
Copyright (c) 2003 Agere Systems Inc.
All rights reserved.
Redistribution and use in source or binary forms, with or without modifications, are permitted provided that the
following conditions are met:
- Redistributions of source code must retain the above copyright notice, this list of conditions and the following
Disclaimer as comments in the code as well as in the documentation and/or other materials provided with the
distribution.
- Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the
following Disclaimer in the documentation and/or other materials provided with the distribution.
- Neither the name of Agere Systems Inc. nor the names of the contributors may be used to endorse or promote
products derived from this software without specific prior written permission.
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3104 205 33623
SOFTWARE END USER LICENSE AGREEMENT
THIS SOFTWARE END USER LICENSE AGREEMENT (THIS “AGREEMENT”) IS A LEGAL AND BINDING
AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) AND PHILIPS ELECTRONICS NORTH
AMERICA CORPORATION OF 1251 AVENUE OF THE AMERICAS, NEW YORK, NY 10020, USA ("PHILIPS"),
REGARDING YOUR USE OF THE SOFTWARE OF PHILIPS AND ITS LICENSORS, INCLUDING ANY UPDATES
OR UPGRADES THERETO PROVIDED TO YOU BY PHILIPS DURING THE TERM OF THIS AGREEMENT (THE
“SOFTWARE”), THAT IS INSTALLED ON, INTEGRATED INTO, OR PROVIDED TO YOU FOR USE IN
CONJUNCTION WITH PHILIPS’ RC9800i (THE “PRODUCT”). BY INSTALLING OR USING THE SOFTWARE,
YOU AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO
THESE TERMS AND CONDITIONS, DO NOT INSTALL OR USE THE SOFTWARE, AND RETURN THE PRODUCT,
THE SOFTWARE, ALL MANUALS, DOCUMENTATION, AND YOUR PROOF OF PURCHASE TO YOUR PLACE
OF PURCHASE WITHIN THIRTY (30) DAYS AFTER SUCH PURCHASE FOR A FULL REFUND.
Grant of License. This Agreement grants to you a non-exclusive, nontransferable, non-sublicensable license to install and
use one (1) copy of the Software in object code format, in operating environment(s) authorized by Philips, for use in
conjunction with the Product. This license does not permit you to use more than one instance of any copy of the Software.
Ownership.
in or to the Software. This Agreement grants you the right to use the Software, but you do not acquire any rights, express or
implied, in the Software other than those specified in this Agreement. Philips and its licensors retain all right, title, and
interest in and to the Software, including all patents, copyrights, trade secrets, and other intellectual property rights
incorporated therein. The Software is protected by copyright laws, international treaty provisions, and other intellectual
property laws. Therefore, you may not use, copy, or distribute the Software without prior written authorization of Philips,
except that you may make one (1) copy of the Software for your back-up purposes only. You may not copy the printed
materials accompanying the Software, nor print copies of the electronic materials accompanying the Software, except that
you may make one (1) copy of such materials for your back-up purposes only.
License Restrictions. Except as provided otherwise herein, you shall not rent, lease, sublicense, sell, assign, loan, or
otherwise transfer the Software or use the Software for commercial timesharing, or service bureau purposes. You shall not,
and you shall not permit any third party, to reverse engineer, decompile, or disassemble the Software, except to the extent
that the foregoing restriction is expressly prohibited by applicable law. You may not remove or destroy any product
identification, copyright notices, or other proprietary markings or restrictions from the Software. All titles, trademarks, and
copyright and restricted rights notices shall be reproduced on all copies of the Software. You may not modify, copy, or
adapt the Software, merge the Software into another program or create derivative works based upon the Software. You may
not transfer your rights under this Agreement to any third parties.
Identified Software. Your license rights to the Software are conditioned upon your (i) not incorporating Identified Software
into, or combining Identified Software with, the Software or a derivative work thereof; (ii) not distributing Identified
Software in conjunction with the Software or a derivative work thereof; and (iii) not using Identified Software in the
development of a derivative work of the Software. "Identified Software" means software which is licensed pursuant to terms
that directly or indirectly (1) create, or purport to create, obligations for Philips or its licensors with respect to the Software
or derivative work thereof; or (2) grant, or purport to grant, to any third party any rights or immunities under Philips’ or its
licensors’ intellectual property or proprietary rights in the Software or derivative work thereof. Identified Software includes,
without limitation, any software that requires as a condition of use, modification and/or distribution of such software that
other software incorporated into, derived from or distributed with such software be (A) disclosed or distributed in source
code form; (B) be licensed for the purpose of making derivative works; or (C) be redistributable at no charge.
Termination. This Agreement shall be effective upon installation or first use of the Software and shall terminate (i) at the
discretion of Philips, due to your failure to comply with any term of this Agreement; or (ii) upon destruction of all copies of
the Software and accompanying materials provided to you by Philips hereunder. Philips’ rights and your obligations shall
survive the termination of this Agreement. Upon termination of this Agreement by Philips, you shall certify in writing to
Philips that all copies of the Software, or any portion thereof, have either been returned to Philips or otherwise destroyed or
deleted.
Limited Warranty. Philips warrants that the Software will perform substantially in accordance with the user
documentation accompanying the Software for a period of ninety (90) days after receipt by you. Philips’ and its licensors’
entire liability and your exclusive remedy for breach of this warranty shall be, at Philips’ option, either (i) refund of an
amount that is equivalent to the price paid by you (if any); or (b) replacement of the Software that does not meet the
warranty set forth herein and that is returned to Philips with your proof of purchase. This limited warranty shall be void if
failure of the Software has resulted from any accident, abuse, misuse or misapplication by you. Any replacement Software
will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. This limited
warranty shall not apply to you if you are using the Software on an evaluation only basis.
The license granted hereunder does not constitute a transfer or sale of Philips’ or its licensor’s ownership rights
1.
NO OTHER WARRANTIES. EXCEPT AS SET FORTH ABOVE, THE SOFTWARE IS PROVIDED ON AN “AS IS”
BASIS. PHILIPS AND ITS LICENSORS DO NOT WARRANT THAT THE SOFTWARE WILL OPERATE ERROR
FREE OR UNINTERRUPTED, OR WILL MEET YOUR REQUIREMENTS. YOU ASSUME ALL RESPONSIBILITIES
FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHILIPS AND ITS SUPPLIERS DISCLAIM ALL
WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY
OR COMPLETENESS OF RESULTS WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING
MATERIALS. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE
SOFTWARE OR AGAINST INFRINGEMENT.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL PHILIPS OR ITS LICENSORS BE LIABLE
FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF
THIS AGREEMENT WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS
OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, LOSS OF
USE OR OTHER PECUNIARY LOSS, EVEN IF PHILIPS OR ITS LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PHILIPS’ OR ITS LICENSORS’ AGGREGATE
LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT EXCEED THE GREATER OF THE PRICE
ACTUALLY PAID BY YOU FOR THE SOFTWARE OR FIVE UNITED STATES DOLLARS (U.S.$5.00).
U.S. Government Restricted Rights. Use, reproduction, release, modification, or disclosure of the Software is restricted in
accordance with FAR 12.212, 52.227-14, DFARS 227.7202, DFARS 252-227-7013 as well as by this Agreement.
Trademarks. Certain of the Product and Philips names used in this Agreement, the Software, and its accompanying user
documentation may constitute trademarks of the Philips, its licensors or other third parties. You are not authorized to use
and/or otherwise reproduce any such trademarks.
Export Administration. You agree that you will not directly or indirectly, export or re-export the Software to any country
for which the United States Export Administration Act, or any similar United States law or regulation requires an export
license or other U.S. Government approval, unless the appropriate export license or approval has first been obtained. By
downloading or installing the Software you agree to abide by this provision.
General. This Agreement is governed by the laws of California, without reference to its conflict of laws principles. Any
dispute between you and Philips regarding this Agreement shall be subject to the exclusive jurisdiction of the state and
federal courts located in Santa Clara County, California. This Agreement is the entire agreement between you and Philips
and supersedes any other communications or advertising with respect to the Software and documentation. If any provision
of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect.
Should you have any questions concerning this Agreement, or if you desire to contact Philips for any reason, please contact
homecontrol@philips.com.
2.
This product contains a Linux kernel (based on Linux kernel 2.4.18), Wireless Tools 2.6, Busybox version 1.0, and showkey
version 0.2.3, all of which are distributed under the GPL V2.
This product further contains glibc and a modified version of directfb, which are distributed under the LGPL.
This product further contains lrzsz and parts of e2fsprogs and Linux Console Tools 0.2.3, which are distributed under the
GPL.
This product contains libstdc++ and libgcc_s libraries which are distributed under the GPL with run-time exception.
This product contains a modified version of the pcmcia_cs software, which is licensed under the MPL license. The Initial
Developer of pcmcia_cs is David Hinds.
This product contains software that is based in part on the work of the Independent JPEG Group. Only the JPEG decoding
functionality of the libjpeg library has been included in this product.
Source code for the aforementioned software is available on the accompanying CD in directory /source.
This product contains NTP software. For this software the following notice applies:
This product contains libpng software, licensed under the libpng license.
This product contains zlib 1.1.3 software.
This product contains software that is based in part on the freetype library (www.freetype.org), which is distributed to you
under the Free Type License.
THIRD-PARTY SOFTWARE STATEMENTS
Copyright (c) David L. Mills 1992-2005
Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee
is hereby granted, provided that the above copyright notice appears in all copies and that both the copyright notice and
this permission notice appear in supporting documentation, and that the name University of Delaware not be used in
advertising or publicity pertaining to distribution of the software without specific, written prior permission. The
University of Delaware makes no representations about the suitability this software for any purpose. It is provided "as
is" without express or implied warranty.
Disclaimer
THIS SOFTWARE IS PROVIDED AS IS AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING,
BUT NOT LIMITED TO, INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. ANY USE, MODIFICATION OR
DISTRIBUTION OF THIS SOFTWARE IS SOLELY AT THE USERS OWN RISK. IN NO EVENT SHALL
AGERE SYSTEMS INC. OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, INCLUDING,
BUT NOT LIMITED TO, CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
3.