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authorAlastair Tse <liquidx@gentoo.org>2003-02-28 16:55:00 +0000
committerAlastair Tse <liquidx@gentoo.org>2003-02-28 16:55:00 +0000
commit52b85528ca7f8f5b6367afe009053cca12672d0f (patch)
treec593af6b59edb5deed6e44443487100602ad40aa /licenses/qpopper
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License Fixes. Part 2.
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+Qpopper(tm) is licensed by QUALCOMM Incorporated under the following
+ terms and conditions. ANY USE OF QPOPPER CONSTITUTES AGREEMENT TO
+ THESE TERMS.
+
+1. Warranty Disclaimer. QPOPPER SOFTWARE IS PROVIDED TO THE USER "AS
+ IS." QUALCOMM MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH
+ RESPECT TO THE QPOPPER SOFTWARE AND/OR ASSOCIATED MATERIALS
+ PROVIDED TO THE USER, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF
+ MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST
+ INFRINGEMENT. QUALCOMM does not warrant that the functions
+ contained in the software will meet your requirements, or that the
+ operation of the software will be uninterrupted or error-free, or
+ that defects in the software will be corrected. Furthermore,
+ QUALCOMM does not warrant or make any representations regarding
+ the use or the results of the use of the software or any
+ documentation provided therewith in terms of their correctness,
+ accuracy, reliability, or otherwise. No oral or written
+ information or advice given by QUALCOMM or a QUALCOMM
+ representative shall create a warranty or in any way increase the
+ scope of this warranty.
+
+2. Limitation of Liability. QUALCOMM AND ITS LICENSORS ARE NOT LIABLE
+ FOR ANY CLAIMS OR DAMAGES WHATSOEVER ARISING IN CONNECTION WITH
+ THE QPOPPER SOFTWARE, INCLUDING WITHOUT LIMITATION PROPERTY
+ DAMAGE, PERSONAL INJURY, INTELLECTUAL PROPERTY INFRINGEMENT, LOSS
+ OF PROFITS, OR INTERRUPTION OF BUSINESS, OR FOR ANY SPECIAL,
+ CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER
+ ARISING OUT OF BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING
+ NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
+
+3. Using and Distributing Qpopper. If a party agrees to these terms
+ and conditions, such party may copy and use Qpopper for any
+ purpose, and distribute unmodified complete copies of Qpopper to
+ any third party provided that such third party must agree to these
+ terms and conditions prior to any use of Qpopper. Failure to
+ include these license terms when distributing Qpopper shall be a
+ material breach of this agreement, and the party committing such
+ breach shall defend and indemnify QUALCOMM Incorporated against
+ all claims, losses, liabilities, damages, costs and expenses,
+ including attorney's fees, which QUALCOMM may incur in connection
+ with such breach.
+
+4. Modifying Qpopper. Qpopper consists of (i) intellectual property
+ owned by QUALCOMM Incorporated, and (ii) intellectual property
+ owned by the Regents of the University of California. Any
+ modifications to the U.C.-owned portions of Qpopper are subject to
+ the provisions of Section 7 below. A party to this agreement may
+ create derivative works of the QUALCOMM-owned portions of the
+ Qpopper software, distribute such derivative works to third
+ parties, and permit such third parties to copy and use such
+ derivative works subject to the following restrictions:
+
+ (a) The protocol greeting banner and the CAPA IMPLEMENTATION
+ response tag must include clear notification that Qpopper has
+ been modified (for example,
+ "FooPopper-by-Foo-Networks-hacked-from-Qpopper-4.0").
+
+ (b) Detailed notification of all modifications must be clearly and
+ conspicuously included within the modified source files, and
+ in a separate document. All of the source files and the
+ document describing the changes must be distributed with the
+ modified software.
+
+ (c) When distributing the modified software the distributing party
+ must clearly and conspicuously communicate to all recipients
+ that the modified software is produced by the party that
+ modified the software and is not a QUALCOMM product.
+
+ (d) The term "Qpopper" shall not be used in connection with the
+ modified software except in a purely factual manner when
+ describing the history or development of the software.
+
+ (e) The modified software must be licensed to end users using a
+ license agreement which expressly states that portions of the
+ modified software are based on code owned by QUALCOMM
+ Incorporated, that such QUALCOMM code is only provided on the
+ terms stated in this agreement, and that QUALCOMM bears no
+ responsibility whatsoever for any modifications to the QUALCOMM
+ code.
+
+ (f) The modifying party shall defend and indemnify QUALCOMM
+ Incorporated against all claims, losses, liabilities, damages,
+ costs and expenses, including attorney's fees, which QUALCOMM
+ may incur in connection with any intellectual property
+ infringement or similar claim related to the modified
+ software, if such claim is related to that party's
+ modifications.
+
+5. Notices. QUALCOMM is a registered trademark and registered service
+ mark of QUALCOMM Incorporated. Qpopper is a trademark of QUALCOMM
+ Incorporated. QUALCOMM does not grant any party the right to use
+ such marks on any modified version of the Qpopper software. All
+ other trademarks and service marks are the property of their
+ respective owners. The Qpopper software, excluding the portions
+ owned by the Regents of the University of California, is Copyright
+ 1993-2001 QUALCOMM Incorporated. All rights not expressly granted
+ herein are reserved by QUALCOMM.
+
+6. General. This agreement is governed and interpreted in accordance
+ with the laws of the State of California without giving effect to
+ its conflict of laws provisions. Any claim arising out of or
+ related to this agreement must be brought exclusively in the state
+ or federal courts located in San Diego County, California. The
+ United Nations Convention on Contracts for the International Sale
+ of Goods is expressly disclaimed. If any provision of this
+ agreement shall be invalid, the validity of the remaining
+ provisions of this agreement shall not be affected. This
+ agreement is the entire and exclusive agreement between QUALCOMM
+ and any user of the Qpopper software with respect to the software
+ and supersedes all prior agreements (whether written or oral) and
+ other communications related to the software.
+
+7. IMPORTANT.
+
+ This software program contains code, and/or derivatives or
+ modifications of code originating from the software program
+ "Popper." Popper is (c) Copyright 1989-1991 The Regents of the
+ University of California, All Rights Reserved. Popper was
+ created by Austin Shelton, Information Systems and Technology,
+ University of California, Berkeley. Permission from the Regents of
+ the University of California to use, copy, modify, and distribute
+ the "Popper" software contained herein for any purpose, without
+ fee, and without a written agreement is hereby granted, provided
+ that the above copyright notice and this paragraph and the
+ following two paragraphs appear in all copies. HOWEVER, ADDITIONAL
+ PERMISSIONS MAY BE NECESSARY FROM OTHER PERSONS OR ENTITIES, TO
+ USE DERIVATIVES OR MODIFICATIONS OF POPPER.
+
+ IN NO EVENT SHALL THE UNIVERSITY OF CALIFORNIA BE LIABLE TO ANY
+ PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
+ DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OF THE
+ POPPER SOFTWARE, OR ITS DERIVATIVES OR MODIFICATIONS, AND ITS
+ DOCUMENTATION, EVEN IF THE UNIVERSITY OF CALIFORNIA HAS BEEN
+ ADVISED OF THE POSSIBLITY OF SUCH DAMAGE.
+
+ THE UNIVERSITY OF CALIFORNIA, SPECIFICALLY DISCLAIMS ANY
+ WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
+ OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE
+ POPPER SOFTWARE PROVIDED HEREUNDER IS ON AN "AS IS" BASIS, AND THE
+ UNIVERSITY OF CALIFORNIA HAS NO OBLIGATIONS TO PROVIDE
+ MAINTENANCE, SUPPORT, UPDATES, ENCHANCEMENTS, OR MODIFICATIONS.