=========================================================== Agere Systems Inc. Winter 2002 ORINOCO/IEEE Drivers, Firmware & Tools Software Copyright © 2000 , 2001 Agere Systems Inc. All Rights Reserved =========================================================== AGERE SYSTEMS END USER LICENSE AGREEMENT FOR SOFTWARE AND DOCUMENTATION ----------------------------------------------------------- BY INSTALLING, LOADING OR USING THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, COPY OR INSTALL THIS SOFTWARE. ----------------------------------------------------------- GRANT. Subject to the terms and conditions of this License Agreement, Agere Systems Inc. ("Agere Systems") hereby grants you a non-exclusive license to use its accompanying software and documentation ("Software") free of charge for the limited purpose of installing the ORINOCO hardware in one of the supported computer operating systems as identified in the User Documentation, and/or diagnosing the operation and radio performance of the ORINOCO wireless LAN equipment and for no other purpose. GEOGRAPHIC LIMITATION. You may not download or use the Software in any country or jurisdiction where applicable law requires the Software or this License Agreement to be in a language other than English. SCOPE OF GRANT. The Software is contained in either a dedicated set of files and folders when provided on CD-ROM, or a self-extracting executable file when provided via the ORINOCO website. You must follow Agers Systems 's installation instructions to load the Software on your processor. You may copy the files for your own use and for noncommercial distribution to others, provided: * You do not receive any form of payment for the Software, and do not distribute it with products or services for which you receive payment; * Every copy of the Software must contain all of the original Software's proprietary notices and license agreement provisions; and * Every user of the Software must accept the terms and conditions of this license agreement. You may not: * Permit others to use the Software except under the terms stated above; * Modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on the Software or its interface specifications; * Copy the Software (except as specified above); * Rent, lease or otherwise transfer rights to the Software; * Remove any proprietary notices or labels pertaining to the Software. TITLE. Title, ownership rights, and intellectual property rights in the Software shall remain in Agere Systems and/or its suppliers. Agere Systems and/or its suppliers reserve all rights not expressly granted herein. The Software is protected by the copyright laws and treaties. Title and related rights in the content accessed through the Software is the property of the applicable content owner and may be protected by applicable law. This license gives you no rights to such content. TERMINATION. Agere Systems may terminate this license at any time, without requirement of cause, by giving you written notice. The license will automatically terminate immediately if you use the Software for any purpose not authorized by the above license, or if you fail to comply with the terms and conditions of this license agreement. On termination, you must destroy all copies of the Software and related documentation. EXPORT CONTROLS. The Software is subject to United States export laws and regulations. You may not download or otherwise export or re-export the Software or underlying information or technology in violation of those laws and regulations. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not violating, and will not violate, those laws and regulations. MISCELLANEOUS. This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by you and by Agere Systems. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by the laws of the State of Delaware, United States of America (except for conflict of law provisions). The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. U.S. GOVERNMENT RESTRICTED RIGHTS. If you are acquiring Software on behalf of any part of the United States Government, the following provisions apply: The Software is deemed to be "commercial software" and "commercial computer software documentation." Any use, modification, reproduction, release, performance, display, or disclosure of the Software by the United States Government or any of its agencies shall be governed solely by the terms and conditions of this License Agreement, and shall be prohibited except to the extent expressly permitted by the terms and conditions of this License Agreement. =========================================================== END OF FILE