TERMS AND CONDITIONS FOR USE OF SOFTWARE (“TERMS”)
and associated utilities it uses, together with its modifications (if any), available
to the public in source code form at http://www.pacemicro.com/opensource/
TDC770DSeries. You are free to use, modify and distribute the Linux software
and any modifications as long as you comply with the terms of the GPL or LGPL
referred to above. The License terms applicable to (i) to (iii) above are set out in
the section entitled Open Source Licenses.
The Software also contains the following:
(iv) HA library Copyright © 2000-2001, Aaron D. Gifford All rights reserved.
(v) Expat XML Parsing Library
Copyright © 1998, 1999, 2000 Thai Open Source Software Centre Ltd and
Clark Cooper.
Copyright © 2001, 2002, 2003 Expat maintainers.
(vi) Expat++ This component of the Software is subject to the Mozilla Public
License Version 1.0.
(vii) Base64 Algorithm Copyright © 2001 Bob Trower, Trantor Standard
Systems Inc.
Certain additional license terms applicable to (iv) to (vi) above, are set out in the
section entitled Open Source Licenses.
D. Termination
These Terms are effective until terminated. You may terminate these Terms by
returning the Product to your supplier. These Terms will terminate automatically
without notice if you fail to comply with these Terms or any other written
agreement between you and Pace. Upon termination you must return the Product
to your supplier.
E. Disclaimer
1. EXCEPT AS SET FORTH IN ANY WRITTEN AGREEMENT BETWEEN
YOU AND PACE (OR YOUR SUPPLIER), THE SOFTWARE IS (TO THE
EXTENT PERMITTED BY LAW) SUPPLIED “AS IS” AND PACE AND
ITS LICENSORS EXPRESSLY EXCLUDE ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) WARRANTIES OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR PURPOSE
AND NON-INFRINGEMENT.
2. EXCEPT AS SET FORTH IN ANY WRITTEN AGREEMENT BETWEEN
YOU AND PACE, IN NO CIRCUMSTANCE WILL PACE BE LIABLE FOR
ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR
INCIDENTAL DAMAGE (INCLUDING LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF DATA OR THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES) ARISING
OUT OF THE USE OR THE INABILITY TO USE THE SOFTWARE.
F. General
These Terms are governed by the laws of the State of New York and you may only
bring claims exclusively in New York courts and Pace shall be entitled to bring a
claim in the courts of any jurisdiction. Any failure by Pace to enforce any of its
rights hereunder or applicable law shall not constitute a waiver of such rights. Pace’s
licensors and suppliers shall be third party beneficiaries of this License Agreement,
as applicable.
YOUR USE OF THE PRODUCT CONSTITUTES YOUR ACKNOWLEDGEMENT
THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND HEREBY.