16
Appendix E
Software License Agreement
EtherFast® 16-Port and 24-Port 10/100 Ethernet Switches
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 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.
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 © 1989, 1991 Free Software Foundation, Inc.
51 Franklin Street, Fifth Floor, Boston, MA 02110-1301,
USA
Everyone is permitted to copy and distribute verbatim
copies of this license document, but changing it is not
allowed.
Preamble
The licenses for most software are designed to take away
your freedom to share and change it. By contrast, the
