| 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 |
| 1993-2006 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. |