Terms and Conditions

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END USER LICENSE AGREEMENT (EULA)

Important - Read Carefully

BY “AGREEING AND ACCEPTING”, YOU (USER) AGREE TO BE BOUND BY THE TERMS

AND CONDITIONS OF THIS AGREEMENT. IF YOU (USER) DO NOT AGREE, DO NOT

USE THIS LICENSED SOFTWARE.

This EULA applies notwithstanding any terms and conditions of any purchase order or other document

or record provided by USER, whether in written, electronic, or any other form (“purchase order”). If

there is any such purchase order, SUPPLIER (identified below) hereby expressly makes its acceptance

of such order conditional on USER’s agreement to the terms and conditions of this EULA, including,

without limitation, any terms and conditions herein that are different from or not contained in the

purchase order. SUPPLIER expressly rejects any terms and conditions contained in any purchaser order

that are different from or in addition to those contained in this EULA.

Definitions

“Licensed Software” shall mean the software program (executable program) and accompanying

documentation, plus any upgrades, modified versions, updates, additions and copies of the software

program furnished or made available to USER embedded in and necessary for the operation of the

Device.

“USER” means the person in whose name the license for the Licensed Software has been accepted.

“Device” means any C2100T device upon which the Licensed Software is installed.

“Open Source Software” shall mean any software or work, including, where appropriate, any and all

modifications, derivative works, enhancements, upgrades, and/or statically linking made to the source

code of such software or work, released under a software license, that requires as a condition of

royalty-free usage, copying, modification and/or redistribution of the Open Source Software to:

 redistribute the Open Source Software royalty-free, and/or,

 redistribute the Open Source Software under the same open source license/distribution terms as

those contained in the open source software license under which it has originally been released, and/

or,

 release to the public, disclose, or otherwise make available the source code of the Open Source

Software.

“SUPPLIER” shall mean Technicolor Connected Home USA LLC.

“Territory” shall mean United States only.

“Term” shall mean the period of time in which USER has the right to use the Licensed Software

hereunder subject to the terms and conditions of this EULA.

License

Provided that USER complies with the terms of this EULA as well as the terms and conditions of any

related agreement (for example, service/supply agreement), SUPPLIER grants to USER a personal,

non-exclusive, non-transferable, non-assignable, non-refundable, limited copyright license, without the

right to sublicense, under SUPPLIER’s copyrights which are embodied in the Licensed Software and

the related documentation and only on the Device provided by SUPPLIER in which the Licensed

Software is embedded, provided that USER agrees to the following:

USER may only operate the Licensed Software in machine readable form as reasonably necessary to

operate the specific Device on which the Licensed Software is embedded.

USER may not:

 Modify, translate, reverse engineer, decompile, disassemble, create derivative works based upon, or

copy the Licensed Software;

 Rent, lease or provide on a time share basis or through a service bureau the Licensed Software;

Summary of content (4 pages)

PAGE 1
END USER LICENSE AGREEMENT (EULA) Important - Read Carefully BY “AGREEING AND ACCEPTING”, YOU (USER) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU (USER) DO NOT AGREE, DO NOT USE THIS LICENSED SOFTWARE. This EULA applies notwithstanding any terms and conditions of any purchase order or other document or record provided by USER, whether in written, electronic, or any other form (“purchase order”).
PAGE 2
Remove any proprietary notices, labels or marks on the Licensed Software; Disable any security or controlling measures which may protect portions of the Licensed Software;  Transfer the Licensed Software to another user without the prior written consent of SUPPLIER;  Export or re-export, directly or indirectly, the Licensed Software to any country; or  Copy the accompanying documentation without the prior written consent of SUPPLIER.
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If USER is required by any legal or investigative process to disclose any confidential information that it is not permitted to disclose, USER shall provide SUPPLIER with prompt notice of such requirement so that SUPPLIER may seek to prevent disclosure or the entry of a protective order. USER shall only disclose only such information that it is advised by its counsel is legally required to be disclosed.
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USER acknowledges that Open Source Software is licensed to USER by the owner or licensor of such Open Source Software and not by SUPPLIER. Such Open Source Software is only distributed by the SUPPLIER, and the terms of any specific Open Source Software license shall apply to USER’s use of such Open Source Software. USER acknowledges and accepts, as a user of such Open Source Software, to comply with applicable license terms.