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diff --git a/db845c/firmware/LICENSE.qcom.txt b/db845c/firmware/LICENSE.qcom.txt deleted file mode 100644 index c880572..0000000 --- a/db845c/firmware/LICENSE.qcom.txt +++ /dev/null @@ -1,206 +0,0 @@ -PLEASE READ THIS LICENSE AGREEMENT ("AGREEMENT") CAREFULLY. THIS AGREEMENT IS -A BINDING LEGAL AGREEMENT ENTERED INTO BY AND BETWEEN YOU (OR IF YOU ARE -ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, THEN THE ENTITY THAT YOU -REPRESENT) AND QUALCOMM TECHNOLOGIES, INC. ("QTI" "WE" "OUR" OR "US"). THIS IS -THE AGREEMENT THAT APPLIES TO YOUR USE OF THE DESIGNATED AND/OR LINKED -APPLICATIONS, THE ENCLOSED QUALCOMM TECHNOLOGIES' MATERIALS, INCLUDING RELATED -DOCUMENTATION AND ANY UPDATES OR IMPROVEMENTS THEREOF -(COLLECTIVELY, "MATERIALS"). BY USING OR COMPLETING THE INSTALLATION OF THE -MATERIALS, YOU ARE ACCEPTING THIS AGREEMENT AND YOU AGREE TO BE BOUND BY ITS -TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, QTI IS UNWILLING TO -AND DOES NOT LICENSE THE MATERIALS TO YOU. IF YOU DO NOT AGREE TO THESE TERMS -YOU MUST DISCONTINUE THE INSTALLATION PROCESS AND YOU MAY NOT USE THE MATERIALS -OR RETAIN ANY COPIES OF THE MATERIALS. ANY USE OR POSSESSION OF THE MATERIALS -BY YOU IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. - -1. RIGHT TO USE DELIVERABLES; RESTRICTIONS. - - 1.1 License. Subject to the terms and conditions of this Agreement, - including, without limitation, the restrictions, conditions, limitations and - exclusions set forth in this Agreement, QTI hereby grants to you a - nonexclusive, limited license under QTI's copyrights to: (i) install and use - the Materials; and (ii) to reproduce and redistribute the binary code portions - of the Materials (the "Redistributable Binary Code"). You may make and use a - reasonable number of copies of any documentation. - - 1.2 Redistribution Restrictions. Distribution of the Redistributable Binary - Code is subject to the following restrictions: (i) Redistributable Binary Code - may only be distributed in binary format and may not be distributed in source - code format:; (ii) the Redistributable Binary Code may only operate in - conjunction with platforms incorporating Qualcomm Technologies, Inc. chipsets; - (iii) redistribution of the Redistributable Binary Code must include the .txt - file setting forth the terms and condition of this Agreement; (iv) you may not - use Qualcomm Technologies' or its affiliates or subsidiaries name, logo or - trademarks; and (v) copyright, trademark, patent and any other notices that - appear on the Materials may not be removed or obscured. - - 1.3 Additional Restrictions. Except as expressly permitted by this Agreement, - you shall have no right to sublicense, transfer or otherwise disclose the - Materials to any third party. You shall not reverse engineer, reverse - assemble, reverse translate, decompile or reduce to source code form any - portion of the Materials provided in object code form or executable form. - Except for the purposes expressly permitted in this Agreement, You shall not - use the Materials for any other purpose. QTI (or its licensors) shall retain - title and all ownership rights in and to the Materials and any alterations, - modifications (including all derivative works), translations or adaptations - made of the Materials, and all copies thereof, and nothing herein shall be - deemed to grant any right to You under any of QTI's or its affiliates' - patents. You shall not subject the Materials to any third party license - terms (e.g., open source license terms). You shall not use the Materials for - the purpose of identifying or providing evidence to support any potential - patent infringement claim against QTI, its affiliates, or any of QTI's or - QTI's affiliates' suppliers and/or direct or indirect customers. QTI hereby - reserves all rights not expressly granted herein. - - 1.4 Third Party Software and Materials. The Software may contain or link to - certain software and/or materials that are written or owned by third parties. - Such third party code and materials may be licensed under separate or - different terms and conditions and are not licensed to you under the terms of - this Agreement. You agree to comply with all terms and conditions imposed on - you in the applicable third party licenses. Such terms and conditions may - impose certain obligations on you as a condition to the permitted use of such - third party code and materials. QTI does not represent or warrant that such - third party licensors have or will continue to license or make available their - code and materials to you. - - 1.5 Feedback. QTI may from time to time receive suggestions, feedback or - other information from You regarding the Materials. Any suggestions, feedback - or other disclosures received from You are and shall be entirely voluntary on - the part of You. Notwithstanding any other term in this Agreement, QTI shall - be free to use suggestions, feedback or other information received from You, - without obligation of any kind to You. The Parties agree that all inventions, - product improvements, and modifications conceived of or made by QTI that are - based, either in whole or in part, on ideas, feedback, suggestions, or - recommended improvements received from You are the exclusive property of QTI, - and all right, title and interest in and to any such inventions, product - improvements, and modifications will vest solely in QTI. - - 1.6 No Technical Support. QTI is under no obligation to provide any form of - technical support for the Materials, and if QTI, in its sole discretion, - chooses to provide any form of support or information relating to the - Materials, such support and information shall be deemed confidential and - proprietary to QTI. - -2. WARRANTY DISCLAIMER. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF -THE MATERIALS IS AT YOUR SOLE RISK. THE MATERIALS AND TECHNICAL SUPPORT, IF -ANY, ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR -IMPLIED. QTI ITS LICENSORS AND AFFILIATES MAKE NO WARRANTIES, EXPRESS OR -IMPLIED, WITH RESPECT TO THE MATERIALS OR ANY OTHER INFORMATION OR DOCUMENTATION -PROVIDED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF -MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT, OR -ANY EXPRESS OR IMPLIED WARRANTY ARISING OUT OF TRADE USAGE OR OUT OF A COURSE OF -DEALING OR COURSE OF PERFORMANCE. NOTHING CONTAINED IN THIS AGREEMENT SHALL BE -CONSTRUED AS (I) A WARRANTY OR REPRESENTATION BY QTI, ITS LICENSORS OR -AFFILIATES AS TO THE VALIDITY OR SCOPE OF ANY PATENT, COPYRIGHT OR OTHER -INTELLECTUAL PROPERTY RIGHT OR (II) A WARRANTY OR REPRESENTATION BY QTI THAT ANY -MANUFACTURE OR USE WILL BE FREE FROM INFRINGEMENT OF PATENTS, COPYRIGHTS OR -OTHER INTELLECTUAL PROPERTY RIGHTS OF OTHERS, AND IT SHALL BE THE SOLE -RESPONSIBILITY OF YOU TO MAKE SUCH DETERMINATION AS IS NECESSARY WITH RESPECT TO -THE ACQUISITION OF LICENSES UNDER PATENTS AND OTHER INTELLECTUAL PROPERTY OF -THIRD PARTIES. - -3. NO OTHER LICENSES OR INTELLECTUAL PROPERTY RIGHTS. Neither this Agreement, -nor any act by QTI or any of its affiliates pursuant to this Agreement or -relating to the Materials (including, without limitation, the provision by QTI -or its affiliates of the Materials), shall provide to You any license or any -other rights whatsoever under any patents, trademarks, trade secrets, copyrights -or any other intellectual property of QTI or any of its affiliates, except for -the copyright rights expressly licensed under this Agreement. You understand and -agree that: - - (i) Neither this Agreement, nor delivery of the Materials, grants any right to - practice, or any other right at all with respect to, any patent of QTI or any - of its affiliates; and - - (ii) A separate license agreement from QUALCOMM Incorporated is needed to use - or practice any patent of QUALCOMM Incorporated. You agree not to contend in - any context that, as a result of the provision or use of the Materials, either - QTI or any of its affiliates has any obligation to extend, or You or any other - party has obtained any right to, any license, whether express or implied, with - respect to any patent of QTI or any of its affiliates for any purpose. - -4. TERMINATION. This Agreement shall be effective upon acceptance, or access or -use of the Materials (whichever occurs first) by You and shall continue until -terminated. You may terminate the Agreement at any time by deleting and -destroying all copies of the Materials and all related information in Your -possession or control. This Agreement terminates immediately and automatically, -with or without notice, if You fail to comply with any provision hereof. -Additionally, QTI may at any time terminate this Agreement, without cause, upon -notice to You. Upon termination You must, to the extent possible, delete or -destroy all copies of the Materials in Your possession and the license granted -to You in this Agreement shall terminate. Sections 1.2 through 10 shall survive -the termination of this Agreement. In the event that any restrictions, -conditions, limitations are found to be either invalid or unenforceable, the -rights granted to You in Section 1 (License) shall be null, void and ineffective -from the Effective Date, and QTI shall also have the right to terminate this -Agreement immediately, and with retroactive effect to the effective date. - -5. LIMITATION OF LIABILITY. IN NO EVENT SHALL QTI, QTI's AFFILIATES OR ITS -LICENSORS BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, -INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL -DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE, OR THE DELIVERY OR FAILURE -TO DELIVER, ANY OF THE DELIVERABLES, OR ANY BREACH OF ANY OBLIGATION UNDER THIS -AGREEMENT, EVEN IF QTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. -THE FOREGOING LIMITATION OF LIABILITY SHALL REMAIN IN FULL FORCE AND EFFECT -REGARDLESS OF WHETHER YOUR REMEDIES HEREUNDER ARE DETERMINED TO HAVE FAILED OF -THEIR ESSENTIAL PURPOSE. THE ENTIRE LIABILITY OF QTI, QTI's AFFILIATES AND ITS -LICENSORS, AND THE SOLE AND EXCLUSIVE REMEDY OF YOU, FOR ANY CLAIM OR CAUSE OF -ACTION ARISING HEREUNDER (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT -EXCEED US$50. - -6. INDEMNIFICATION. You agree to indemnify and hold harmless QTI and its -officers, directors, employees and successors and assigns against any and all -third party claims, demands, causes of action, losses, liabilities, damages, -costs and expenses, incurred by QTI (including but not limited to costs of -defense, investigation and reasonable attorney's fees) arising out of, resulting -from or related to: (i) any breach of this Agreement by You; and (ii) your acts, -omissions, products and services. If requested by QTI, You agree to defend QTI -in connection with any third party claims, demands, or causes of action -resulting from, arising out of or in connection with any of the foregoing. - -7. ASSIGNMENT. You shall not assign this Agreement or any right or interest -under this Agreement, nor delegate any obligation to be performed under this -Agreement, without QTI's prior written consent. For purposes of this Section 7, -an "assignment" by You under this Section shall be deemed to include, without -limitation, any merger, consolidation, sale of all or substantially all of its -assets, or any substantial change in the management or control of You. -Any attempted assignment in contravention of this Section 9 shall be void. -QTI may freely assign this Agreement or delegate any or all of its rights and -obligations hereunder to any third party. - -8. COMPLIANCE WITH LAWS; APPLICABLE LAW. You agree to comply with all -applicable local, international and national laws and regulations and with U.S. -Export Administration Regulations, as they apply to the subject matter of this -Agreement. This Agreement is governed by the laws of the State of California, -excluding California's choice of law rules. - -9. CONTRACTING PARTIES. If the Materials are downloaded on any computer owned -by a corporation or other legal entity, then this Agreement is formed by and -between QTI and such entity. The individual accepting the terms of this -Agreement represents and warrants to QTI that they have the authority to bind -such entity to the terms and conditions of this Agreement. - -10. MISCELLANEOUS PROVISIONS. This Agreement, together with all exhibits -attached hereto, which are incorporated herein by this reference, constitutes -the entire agreement between QTI and You and supersedes all prior negotiations, -representations and agreements between the parties with respect to the subject -matter hereof. No addition or modification of this Agreement shall be effective -unless made in writing and signed by the respective representatives of QTI and -You. The restrictions, limitations, exclusions and conditions set forth in this -Agreement shall apply even if QTI or any of its affiliates becomes aware of or -fails to act in a manner to address any violation or failure to comply -therewith. You hereby acknowledge and agree that the restrictions, limitations, -conditions and exclusions imposed in this Agreement on the rights granted in -this Agreement are not a derogation of the benefits of such rights. You further -acknowledges that, in the absence of such restrictions, limitations, conditions -and exclusions, QTI would not have entered into this Agreement with You. Each -party shall be responsible for and shall bear its own expenses in connection -with this Agreement. If any of the provisions of this Agreement are determined -to be invalid, illegal, or otherwise unenforceable, the remaining provisions -shall remain in full force and effect. This Agreement is entered into solely -in the English language, and if for any reason any other language version is -prepared by any party, it shall be solely for convenience and the English -version shall govern and control all aspects. If You are located in the -province of Quebec, Canada, the following applies: The Parties hereby confirm -they have requested this Agreement and all related documents be prepared -in English..
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