Linksys Software License Agreement v.2.14.05

THIS LICENSE AGREEMENT IS BETWEEN YOU AND CISCO-LINKSYS LLC (“Linksys”).  BY DOWNLOADING OR INSTALLING THE SOFTWARE, OR USING THE PRODUCT CONTAINING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN YOU MAY NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.  YOU MAY RETURN UNUSED SOFTWARE (OR, IF THE SOFTWARE IS SUPPLIED AS PART OF ANOTHER PRODUCT, THE UNUSED PRODUCT) FOR A FULL REFUND UP TO 30 DAYS AFTER ORIGINAL PURCHASE, SUBJECT TO THE RETURN PROCESS AND POLICIES OF THE PARTY FROM WHICH YOU PURCHASED SUCH PRODUCT OR SOFTWARE.

License.  Subject to the terms and conditions of this Agreement, Linksys grants the original end user purchaser of the Linksys product containing the Software (“You”) a nonexclusive license to use the Software solely as embedded in or (where authorized in the applicable documentation) for communication with such product.  This license may not be sublicensed, and is not transferable except to a person or entity to whom you transfer ownership of the complete Linksys product containing the Software, provided you permanently transfer all rights under this Agreement and do not retain any full or partial copies of the Software, and the recipient agrees to the terms of this Agreement.  

 “Software” includes, and this Agreement will apply to (a) the Linksys software provided in or with the applicable Linksys product, and (b) any upgrades, updates, bug fixes or modified versions (“Upgrades”) or backup copies of the Software supplied to You by Linksys or an authorized reseller, provided you already hold a valid license to the original software and have paid any applicable fee for the Upgrade. 

Protection of Information.  The Software and documentation contain trade secrets and/or copyrighted materials of Linksys or its suppliers.  You will not decompile, decrypt, reverse engineer or disassemble the Software (except to the extent expressly permitted by law notwithstanding this provision), and will not disclose or make available such trade secrets or copyrighted material in any form to any third party. Title to Software and documentation will remain solely with Linksys.

Open Source Software.  The GPL source code incorporated into the Software is available for free download at http://www.linksys.com/gpl.  If You would like a copy of the GPL source code in this Software on a CD, Linksys will mail to You a CD with such code for $9.99 plus the cost of shipping upon request.

Term and Termination.  You may terminate this License at any time by destroying all copies of the Software and documentation.  Your rights under this License will terminate immediately without notice from Linksys if You fail to comply with any provision of this Agreement.  
Limited Warranty.  The warranty terms and period specified in the applicable Linksys Product User Guide shall also apply to the Software. 
 
Disclaimer of Liabilities.  IN NO EVENT WILL LINKSYS BE LIABLE FOR ANY LOST DATA, REVENUE OR PROFIT, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, REGARDLESS OF CAUSE (INCLUDING NEGLIGENCE), ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LINKSYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL LINKSYS’ LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT.  The foregoing limitations will apply even if any warranty or remedy under this Agreement fails of its essential purpose.  Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
Export.  Software, including technical data, may be subject to U.S. export control laws and regulations and/or export or import regulations in other countries.  You agree to comply strictly with all such laws and regulations.

U.S. Government Users.  The Software and documentation qualify as "commercial items" as defined at 48 C.F.R. 2.101 and 48 C.F.R. 12.212.  All Government users acquire the Software and documentation with only those rights herein that apply to non-governmental customers.
 
General Terms.  This Agreement will be governed by and construed in accordance with the laws of the State of California, without reference to conflict of laws principles.  The United Nations Convention on Contracts for the International Sale of Goods will not apply. If any portion of this Agreement is found to be void or unenforceable, the remaining provisions will remain in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the Software and supersedes any conflicting or additional terms contained in any purchase order or elsewhere.