User Guide

Apollo ADSL Modem
58
47-060023-005
User License Agreement
INTEGRATED TELECOM EXPRESS INCORPORATED
USER LICENSE AGREEMENT
FOR APOLLO ADSL DRIVERS
NOTICE TO USER:
THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT.
This Integrated Telecom Express Incorporated ("ITeX") End User License Agreement accompanies the ITeX(tm) APOLLO(tm)
product and related explanatory materials ("Software"). The term "Software" also shall include any upgrades, modified versions or
updates of the Software licensed to you by ITeX. Please read this Agreement carefully. Upon your acceptance of this Agreement,
ITeX grants to you a nonexclusive license to use the Software, provided that you agree to the following:
1. Use of the Software.
- You may install the Software on a hard disk or other storage device; install and use the Software on a file server for use on a network
for the purposes of (i) permanent installation onto hard disks or other storage devices or (ii) use of the Software over such network;
and make backup copies of the Software.
- You may make and distribute unlimited copies of the Software, including copies for commercial distribution, as long as each copy
that you make and distribute contains this Agreement and the Apollo copyright and other proprietary notices pertaining to this
Software that appear in the Software. If you download the Software from the Internet or similar on-line source, you must include the
ITeX copyright notice for the Software with any on-line distribution and on any media you distribute that includes the Software.
2. Copyright and Trademark Rights. The Software is owned by ITeX and its suppliers, its structure, organization and code, are the
valuable trade secrets of ITeX and its suppliers. United States Copyright Law and International Treaty provisions also protect the
Software. You may use trademarks only insofar as required to comply with Section 1 of this Agreement and to identify printed output
produced by the Software, in accordance with accepted trademark practice, including identification of trademark owner's name. Such
use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not
grant you any intellectual property rights in the Software.
3. Restrictions. You agree not to modify, adapt, translate, reverse engineer, de-compile, disassemble or otherwise attempt to discover
the source code of the Software.
4. No Warranty. The Software is being delivered to you AS IS and ITeX makes no warranty as to its use or performance. ITeX AND
ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING
THE SOFTWARE OR DOCUMENTATION. ITeX AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED,
AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR
PURPOSE. IN NO EVENT WILL ITeX OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL,
INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ITeX
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY
THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages,
or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply
to you.
5. Governing Law and General Provisions. This Agreement will be governed by the laws of the State of California, U.S.A., excluding
the application of its conflicts of law rules. The United Nations Convention on Contracts for the International Sale of Goods, the
application of which is expressly excluded, will not govern this Agreement. If any part of this Agreement is found void and
unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its
terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by
the United States Export Administration Act or any other export laws, restrictions or regulations. This Agreement shall automatically
terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized
officer of ITeX.
6. Notice to Government End Users. The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R.
§2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are
used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1
through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are
being licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other
end users pursuant to the terms and conditions herein.
Unpublished-rights reserved under the copyright laws of the United States.
Integrated Telecom Express, San Jose, CA 95126.
ITeX, Apollo and APOLLO are trademarks of Integrated Telecom Express, Inc.