Appendix J | Software License Agreement |
and process information about your Linksys product and/or the Software and/or your use of either in order
(i)to enable Linksys to offer you Upgrades; (ii) to ensure that your Linksys product and/or the Software is being used in accordance with the terms of this Agreement;
(iii)to provide improvements to the way Linksys delivers technology to you and to other Linksys customers; (iv) to enable Linksys to comply with the terms of any agreements it has with any third parties regarding your Linksys product and/or Software and/or (v) to enable Linksys to comply with all applicable laws and/or regulations, or the requirements of any regulatory authority or government agency. Linksys and/ or its affiliates may collect and process this information provided that it does not identify you personally. Your use of your Linksys product and/or the Software constitutes this consent by you to Linksys and/or its affiliates’ collection and use of such information and, for EEA customers, to the transfer of such information to a location outside the EEA.
Software Upgrades etc. If the Software enables you to receive Upgrades, you may elect at any time to receive these Upgrades either automatically or manually. If you elect to receive Upgrades manually or you otherwise elect not to receive or be notified of any Upgrades, you may expose your Linksys product and/or the Software to serious security threats and/or some features within your Linksys product and/or Software may become inaccessible. There may be circumstances where we apply an Upgrade automatically in order to comply with changes in legislation, legal or regulatory requirements or as a result of requirements to comply with the terms of any agreements Linksys has with any third parties regarding your Linksys product and/or the Software. You will always be notified of any Upgrades being delivered to you. The terms of this license will apply to any such Upgrade unless the Upgrade in question is accompanied by a separate license, in which event the terms of that license will apply.
Open Source Software. The GPL or other open source code incorporated into the Software and the open source license for such source code are available for free download at http://www.linksys.com/gpl. If You would like a copy of the GPL or other open 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 OR ITS SUPPLIERS 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
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.
END OF SCHEDULE 1
Schedule 2
If this Linksys product contains open source software licensed under Version 2 of the “GNU General Public License” then the license terms below in this Schedule 2 will apply to that open source software. The license terms below in this Schedule 2 are from the public web site at http://www.gnu.org/copyleft/gpl.html
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA
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