WireSpeed ADSL Modem
User Guide
the user to disconnect the equipment.
Users should ensure for their own protection that the electrical ground connections of the power utility, telephone lines and internal metallic water pipe system, if present, are connected together. This precaution may be particularly important in rural areas.
CAUTION 
Users should not attempt to make such connections themselves, but should contact the appropriate electrical inspection authority, or electrician, as appropriate.
SOFTWARE LICENSE AGREEMENT
READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY. THIS SOFTWARE IS COPYRIGHTED AND LICENSED (NOT SOLD). BY SELECTING “I ACCEPT” YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU SHOULD PROMPTLY RETURN THE SOFTWARE TO WESTELL TECHNOLOGIES, INC. AND YOU WILL RECEIVE A REFUND OF THE LICENSE FEE PAID. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE SOFTWARE BETWEEN YOU AND WESTELL TECHNOLOGIES, INC. (REFERRED TO AS "LICENSOR"), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
1.License Grant. Licensor hereby grants to you, and you accept, a nonexclusive license to use the SOFTWARE Diskettes and the computer programs contained therein in
You may retain the SOFTWARE Diskettes for backup purposes only. In addition, you may make one copy of the SOFTWARE in any storage medium for backup purposes only. You may make one copy of the User's Manual for backup purposes only. Any such copies of the SOFTWARE or the User's Manual shall include Licensor's copyright and other proprietary notices. Except as authorized under this paragraph, no copies of the SOFTWARE or any portions thereof may be made by you or any person under your authority or control.
2.Licensor's Rights. You acknowledge and agree that the SOFTWARE and the User's Manual are proprietary products of Licensor protected under U.S. copyright law. You further acknowledge and agree that all right, title, and interests in and to the SOFTWARE, including associated intellectual property rights, are and shall remain with Licensor. This License Agreement does not convey to you an interest in or to the SOFTWARE, but only a limited right of use revocable in accordance with the terms of this License Agreement.
3.License Fees. The fees paid by you under the support agreement are paid in consideration of the licenses granted under this License Agreement.
4.Term. This License Agreement is effective upon your opening of this package and shall continue until terminated. You may terminate this License Agreement at any time by returning the 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 SOFTWARE and all copies and portions thereof.
5.Limited Warranty. Licensor warrants, for your benefit alone, for a period of 90 days from the date of commencement of this License Agreement (referred to as the "Warranty Period") that the SOFTWARE Diskettes in which the SOFTWARE is contained are free from defects in material and workmanship. Licensor further warrants, for your benefit alone, that during the Warranty Period the SOFTWARE shall operate substantially in accordance with the functional specifications in the User's Manual. If during the Warranty Period, a defect in the SOFTWARE appears, you may return the SOFTWARE to Licensor for replacement. You agree that the foregoing constitutes your sole and exclusive remedy for breach by Licensor of any warranties made under this Agreement. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE SOFTWARE DISKETTES, AND THE SOFTWARE CONTAINED THEREIN, ARE LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6.Limitation of Liability. Licensor's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to Licensor for the use of the SOFTWARE. In no event shall Licensor be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Licensor has been advised of the possibility of such damages. SOME STATES 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.
7.Governing Law. This License Agreement shall be construed and governed in accordance with the laws of the State of Illinois. You submit to the jurisdiction of the state and federal courts of the state of Illinois and agree that venue is proper in those courts with regard to any litigation arising under this Agreement.
8.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.
9.Severability. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
10.No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
57 | Licensing and Regulatory Information |
