LICENSE.TXT Driver File Contents (3com3c460b.zip)
Driver Package File Name: 3com3c460b.zip
IMPORTANT: PLEASE READ BEFORE USING THE SOFTWARE ON THIS CD-ROM
3COM END USER SOFTWARE LICENSE AGREEMENT
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING
THIS PRODUCT. IT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED BY 3COM
CORPORATION ("3COM") TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT
USE THE SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT
LICENSE: 3Com grants you a nonexclusive license to use the accompanying
software program(s) (the "Software") subject to the terms and restrictions
set forth in this License Agreement. You are not permitted to lease, rent,
distribute or sublicense the Software or to use the Software in a time-sharing
arrangement or in any other unauthorized manner. Further, no license is
granted to you in the human readable code of the Software (source code).
Except as provided below, this License Agreement does not grant you any
rights to patents, copyrights, trade secrets, trademarks, or any other
rights in respect to the Software.
The Software is licensed to be used on any 3Com product owned by or leased to
you, provided that the Software is used only in connection with a 3Com product.
You may reproduce and provide one (1) copy of the Software and supporting
documentation for each such 3Com product on which the Software is used as
permitted hereunder. Otherwise, the Software and supporting documentation
may be copied only as essential for backup or archive purposes in support of
your use of the Software as permitted hereunder. You must reproduce and
include all copyright notices and any other proprietary rights notices
appearing on the Software and the supporting documentation on any copies that
NO ASSIGNMENT; NO REVERSE ENGINEERING: You may not transfer or assign the
Software and/or this License Agreement to another party without the prior
written consent of 3Com. If such consent is given and you transfer or assign
the Software and/or this License Agreement, then you must at the same time
either transfer any copies of the Software as well as the supporting
documentation to the same party or destroy any such materials not transferred.
Except as set forth above, you may not transfer or assign the Software or
your rights under this License Agreement.
Modification, reverse engineering, reverse compiling, or disassembly of the
Software is expressly prohibited. However, if you are a European Community
("EC") resident, information necessary to achieve interoperability of the
Software with other programs within the meaning of the EC Directive on the
Legal Protection of Computer Programs is available to you from 3Com upon
EXPORT RESTRICTIONS: You agree that you will not export or re-export the
Software or accompanying documentation (or any copies thereof) or any
products utilizing the Software or such documentation in violation of any
applicable laws or regulations of the United States and the country in which
you obtained them.
TRADE SECRETS; TITLE: You acknowledge and agree that the structure,
sequence and organization of the Software are the valuable trade secrets of
3Com and its suppliers. You agree to hold such trade secrets in confidence.
You further acknowledge and agree that ownership of, and title to, the Software
and all subsequent copies thereof regardless of the form or media are held by
3Com and its suppliers.
UNITED STATES GOVERNMENT LEGEND:
All technical data and computer software is commercial in nature and developed
solely at private expense. The Software is delivered as Commercial Computer
Software as defined in DFARS 252.227-7014 (June 1995) or as a commercial item
as defined in FAR 2.101(a) and as such is provided with only such rights as are
provided in this License Agreement, which is 3Com's standard commercial license
for the Software. Technical data is provided with limited rights only as
provided in DFAR 252.227-7015 (Nov 1995) or FAR 52.227-14 (June 1987), whichever
is applicable. You agree not to remove or deface any portion of any legend
provided on any licensed program or documentation delivered to you under this
TERM AND TERMINATION: This license will expire fifty (50) years from the date
that you open the package, if it is not earlier terminated. You may terminate
it at any time by destroying the Software and documentation together with all
copies and merged portions in any form. It will also terminate immediately if
you fail to comply with any term or condition of this License Agreement. Upon
such termination you agree to destroy the Software and documentation, together
with all copies and merged portions in any form.
GOVERNING LAW: This License Agreement shall be governed by the laws of the
State of California as such laws are applied to agreements entered into and
to be performed entirely within California between California residents and
by the laws of the United States. You agree that the United Nations
Convention on Contracts for the International Sale of Goods (1980) is hereby
excluded in its entirety from application to this License Agreement.
NO WARRANTY: THE SOFTWARE AND RELATED DOCUMENTATION ARE PROVIDED ON AN "AS IS"
BASIS AND ALL RISK IS WITH YOU. BECAUSE THE SOFTWARE AND DOCUMENTATION ARE
PROVIDED TO YOU FREE OF CHARGE, 3COM MAKES NO WARRANTIES, EXPRESS, IMPLIED
OR STATUTORY, AS TO ANY MATTER WHATSOEVER. IN PARTICULAR, ANY AND ALL WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD
PARTIES RIGHTS ARE EXPRESSLY EXCLUDED. FURTHER, 3COM MAKES NO REPRESENTATIONS OR
WARRANTIES THAT THE SOFTWARE AND DOCUMENTATION PROVIDED ARE FREE OF ERRORS OR
VIRUSES OR THAT THE SOFTWARE AND DOCUMENTATION ARE SUITABLE FOR YOUR INTENDED USE.
LIMITATION OF LIABILITY: IN NO EVENT SHALL 3COM OR ITS SUPPLIERS BE LIABLE
TO YOU OR ANY OTHER PARTY FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, LOSS OF DATA OR DATA BEING RENDERED INACCURATE, LOSS OF PROFITS OR
REVENUE, OR INTERRUPTION OF BUSINESS IN ANY WAY ARISING OUT OF OR RELATED TO
THE USE OR INABILITY TO USE THE SOFTWARE AND/OR DOCUMENTATION, REGARDLESS OF
THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ANY REPRESENTATIVE OF 3COM OR ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS
AGREEMENT SHALL HAVE THE EFFECT OF LIMITING OR EXCLUDING 3COM'S LIABILITY FOR
DEATH OR PERSONAL INJURY CAUSED BY ITS OWN NEGLIGENCE. THIS DISCLAIMER OF
LIABILITY FOR DAMAGES WILL NOT BE AFFECTED BY ANY FAILURE OF THE SOLE AND
EXCLUSIVE REMEDIES HEREUNDER.
DISCLAIMER: Some countries, states, or provinces do not allow the exclusion or
limitation of implied warranties or the limitation of incidental or consequential
damages for certain products supplied to consumers or the limitation of liability
for personal injury, so the above limitations and exclusions may be limited in
their application to you. When the implied warranties are not allowed to be
excluded in their entirety, they will be limited to the duration of the applicale
written warranty. This warranty gives you specific legal rights which may vary
depending on local law.
SEVERABILITY: In the event any provision of this License Agreement is found
to be invalid, illegal or unenforceable, the validity, legality and
enforceability of any of the remaining provisions shall not in any way be
affected or impaired and a valid, legal and enforceable provision of similar
intent and economic impact shall be substituted therefor.
ENTIRE AGREEMENT: This License Agreement sets forth the entire understanding
and agreement between you and 3Com, supersedes all prior agreements, whether
written or oral, with respect to the Software, and may be amended only in a
writing signed by both parties.