Ericsson HM200c/HM201c manual End-User License Agreement

PipeRider® Cable Modem User's Guide HM200c/HM201c

End-User License Agreement

© Ericsson Inc. 1999-2001- All rights reserved

Hardware Product. PipeRider® Cable Modem and PipeLock® Locking Feature. PipeRider® and PipeLock® are trademarks or registered trademarks of Ericsson Inc.

IMPORTANT - READ CAREFULLY: This End-User License Agreement ("Agreement") is a legal contract between you (either an individual or a single business entity) and Ericsson Inc ("Licensor"), for the software contained both on the Compact Disk (CD) and within the hardware product identified above, which includes computer software and, as applicable, associated media, printed materials, and "online" or electronic documentation (the "Licensed Software").

BY INSTALLING, COPYING, OR OTHERWISE USING THE CD OR BY USING THE HARDWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE APPLICATION OR THE HARDWARE PRODUCT.

License Grant. Licensor hereby grants to you, and you hereby accept, a nonexclusive license to use the CD, and the software contained in the Hardware Product and the computer programs contained therein in machine-readable, object code form only (collectively referred to as the "Software"), and the accompanying User Documentation, only as authorized in this License Agreement. The CD may be used only on a single computer that is owned, leased, or otherwise controlled by you; or in the event of the inoperability of that computer, on a backup computer selected by you. Neither concurrent use on two or more computers nor use in a local area network or other network is permitted without separate authorization and the payment of other license fees. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement except that you may permanently transfer all of your rights under this License Agreement, provided that you retain no copies, you transfer all of the Software (including all related media and printed materials and any upgrades), and the transferee agrees to the terms of this License Agreement. You agree that you may not reverse assemble, reverse compile, or otherwise translate the Software.

Licensor's Rights. You acknowledge and agree that the CD, the Licensed Software and the Quick Start Guide are proprietary products of Licensor protected under U.S. copyright law. You further acknowledge and agree that all right, title, and interest in and to the Licensed Software intellectual property rights, are and shall remain with Licensor. This License Agreement does not convey to you an interest in or to the Program, but only a limited right of use revocable in accordance with the terms of this License Agreement. COMMERCIAL RESALE OR DISTRIBUTION OF LICENSED SOFTWARE IS NOT AUTHORIZED AND IS PROHIBITED.

Term. This License Agreement is effective upon your installing, copying, or otherwise using the CD or the Hardware Product and shall continue until terminated. You may terminate this License Agreement at any time by returning the Licensed Software and all copies thereof and extracts therefrom to Licensor. Licensor may terminate this License Agreement upon the breach by you of any term hereof. Upon such termination by Licensor, you agree to return to Licensor the Licensed Software and all copies and portions thereof.

No CD/Software Warranty. The Licensed Software contained on the enclosed (Compact Disk) CD is provided "AS IS" without representations or warranties whether express or implied of WHATSOEVER KIND INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The entire risk as to the results, usefulness and performance of the licensed software is assumed by the user of the CD.

PipeRider® Cable Modem and PipeLock® Locking Feature Limited Warranty. The PipeRider® Cable Modem and PipeLock® Locking Feature limited warranty can be found in the packaging materials as hardcopy and also within the Licensed Software as softcopy.

Limitation of Liability. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER INCLUDING LOST PROFITS, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE HARDWARE PRODUCT AND ALL OR PART OF THE CD OR LICENSED SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states / countries do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. This license agreement gives you specific legal rights, and you may also have other rights which may vary from country to country.

Governing Law. This License Agreement shall be construed and governed in accordance with the laws of the State of Virginia.

Costs of Litigation. If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.

Severability. Should any term of this License Agreement be declared void or unenforceable by any court of