3Com® Wireless Drivers LicenseImportant: Read Before Installing The Software
3COM END USER SOFTWARE LICENSE AGREEMENT
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE
DOWNLOADING OR OTHERWISE INSTALLING THIS PRODUCT, THE USE OF WHICH IS
LICENSED BY 3COM CORPORATION ("3COM") TO ITS CUSTOMERS FOR THEIR USE ONLY AS
SET FORTH BELOW. DOWNLOADING OR OTHERWISE INSTALLING ANY PART OF THE
SOFTWARE AND DOCUMENTATION INDICATES THAT YOU ACCEPT THESE TERMS AND
CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT,
DO NOT PROCEED WITH THE DOWNLOADING OR INSTALLATION OF THE SOFTWARE AND DO
NOT CLICK ON THE "I AGREE" OR SIMILAR BUTTON.
LICENSE:
3Com grants you a nonexclusive, nontransferable (except as
specified herein) license to use the accompanying software program(s) in
executable form (the "Software") and accompanying documentation (the
"Documentation"), subject to the terms and restrictions set forth in this
Agreement. You are not permitted to lease, rent, distribute or sublicense
(except as specified herein) the Software or Documentation or to use the
Software or Documentation in a time-sharing arrangement or in any other
unauthorized manner. Further, no license is granted to you in the human readable
code of the Software (source code). Except as provided below, this Agreement
does not grant you any rights to patents, copyrights, trade secrets, trademarks,
or any other rights with respect to the Software or Documentation.
If you were granted a license when you initially obtained the Software or any
previous version of the Software, then such prior license shall govern your use
of the Software. If not, then, subject to the restrictions set forth herein, the
Software is licensed to be used on ONE (1) personal computer or ONE (1) 3Com
product, as applicable, owned by or leased to you, for your internal use.You may
reproduce and provide one (1) copy of the Software and Documentation for each
such personal computer or 3Com product, as applicable, on which the Software is
used as permitted hereunder. Otherwise, the Software and Documentation may be
copied only as essential for backup or archive purposes in support of your use
of the Software as permitted hereunder. Each copy of the Software and
Documentation must contain 3Com's and its licensors' proprietary rights and
copyright notices in the same form as on the original. You agree not to remove
or deface any portion of any legend provided on any licensed program or
documentation delivered to you under this Agreement.
ASSIGNMENT; NO REVERSE ENGINEERING:
You may transfer the Software,
Documentation and the licenses granted herein to another party in the same country
in which you obtained the Software and Documentation if the other party agrees
in writing to accept and be bound by the terms and conditions of this Agreement.
If you transfer the Software and Documentation, you must at the same time either
transfer all copies of the Software and Documentation to the party or you must
destroy any copies not transferred. Except as set forth above, you may not
assign or transfer your rights under this Agreement.
Modification, reverse engineering, reverse compiling, or disassembly of the
Software is expressly prohibited.However, if you are a European Community ("EC")
resident, information necessary to achieve interoperability of the Software with
other programs within the meaning of the EC Directive on the Legal Protection of
Computer Programs is available to you from 3Com upon written request.
EXPORT RESTRICTIONS:
The Software, including the Documentation and all
related technical data (and any copies thereof) (collectively "Technical Data"),
is subject to United States Export control laws and may be subject to export or
import regulations in other countries. In addition, the Technical Data covered
by this Agreement may contain data encryption code which is unlawful to export
or transfer from the United States or country where you legally obtained it
without an approved U.S. Department of Commerce export license and appropriate
foreign export or import license, as required. You agree that you will not
export or re-export the Technical Data (or any copies thereof) or any products
utilizing the Technical Data in violation of any applicable laws or regulations
of the United States or the country where you legally obtained it. You are
responsible for obtaining any licenses to export, re-export or import the
Technical Data. In addition to the above, the Product may not be used, exported
or re-exported (i) into or to a national or resident of any country to which the
U.S. has embargoed; or (ii) to any one on the U.S. Commerce Department's Table
of Denial Orders or the U.S. Treasury Department's list of Specially
Designated Nationals.
TRADE SECRETS; TITLE:
You acknowledge and agree that the structure,
sequence and organization of the Software are the valuable trade secrets of 3Com
and its suppliers. You agree to hold such trade secrets in confidence. You further
acknowledge and agree that ownership of, and title to, the Software and
Documentation and all subsequent copies thereof regardless of the form or media
are held by 3Com and its suppliers.
UNITED STATES GOVERNMENT LEGENDS:
The Software, Documentation and any
other technical data provided hereunder is commercial in nature and developed
solely at private expense. The Software is delivered as "Commercial Computer
Software" as defined in DFARS 252.227-7014 (June 1995) or as a commercial item as
defined in FAR 2.101(a) and as such is provided with only such rights as are
provided in this Agreement, which is 3Com's standard commercial license for the
Software. Technical data is provided with limited rights only as provided in
DFAR 252.227-7015 (Nov. 1995) or FAR 52.227-14 (June 1987), whichever is applicable.
TERM AND TERMINATION:
This Agreement and license will expire fifty
(50) years from the date that you install the Software and Documentation, if it
is not terminated earlier. You may terminate it at any time by destroying the
Software and Documentation together with all copies and merged portions in any
form. It will also terminate immediately if you fail to comply with any term or
condition of this Agreement. Upon such termination you agree to destroy the
Software and Documentation, together with all copies and merged portions in any
form.
LIMITED WARRANTIES AND LIMITATION OF LIABILITY:
All warranties and
limitations of liability applicable to the Software are as stated on the Limited
Warranty Card or in the product manual, whether in paper or electronic form,
accompanying the Software. Such warranties and limitations of liability are
incorporated herein in their entirety by this reference.
GOVERNING LAW:
This Agreement shall be governed by the laws of the State
of California, U.S.A. excluding its conflicts of laws principles and excluding
the United Nations Convention on Contracts for the International Sale of Goods.
SEVERABILITY:
In the event any provision of this Agreement is found to be
invalid, illegal or unenforceable, the validity, legality and enforceability of
any of the remaining provisions shall not in any way be affected or impaired
and a valid, legal and enforceable provision of similar intent and economic
impact shall be substituted therefore.
ENTIRE AGREEMENT:
This Agreement sets forth the entire understanding and
agreement between you and 3Com and supersedes all prior agreements, whether
written or oral, with respect to the Software and Documentation, and may be
amended only in a writing signed by both parties.
Should you have any questions concerning this Agreement or if you desire to contact 3Com for any reason, please contact
the 3Com subsidiary serving your country, or write: 3Com Corporation, Customer Support Information, 350 Campus Drive, Marlborough, MA 01752
3Com is a registered trademark of 3Com Corporation.
3Com Corporation
350 Campus Drive
Marlborough, MA 01752-3064 (508) 323-5000
Copyright 2006, 3Com Corporation. All rights reserved
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