IMPORTANT:  READ BEFORE INSTALLING THE SOFTWARE

U.S. Robotics END USER SOFTWARE LICENSE AGREEMENT

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING AND USING THIS PRODUCT, THE USE OF WHICH IS LICENSED BY U.S. Robotics CORPORATION ("U.S. Robotics") TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. INSTALLING OR USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.  YOU SHOULD RETURN THE ENTIRE PRODUCT WITH THE SOFTWARE UNUSED TO THE SUPPLIER WHERE YOU OBTAINED IT, OR, IF YOU DOWNLOADED THE SOFTWARE, YOU SHOULD DELETE ALL DOWNLOADED FILES FOR THE SOFTWARE FROM YOUR COMPUTER.

LICENSE:  U.S. Robotics grants you a nonexclusive, nontransferable (except as specified herein) license to use the accompanying software program(s) in executable form (the "Software") and accompanying documentation (the "Documentation"), subject to the terms and restrictions set forth in this Agreement. You are not permitted to lease, rent, distribute or sublicense (except as specified herein) the Software or Documentation or to use the Software or Documentation 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 Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights with respect to the Software or Documentation.

Subject to the restrictions set forth herein, the Software is licensed for your internal use and is to be used on only one (1) personal computer at a time, which is owned by or leased to you.  You may not copy the Software or its Documentation, except that you may make one (1) copy of the Software for backup or archive purposes in support of your use of the Software as permitted hereunder.  Any copy of the Software and Documentation must contain U.S. Robotics's and its licensors' proprietary rights and copyright notices in the same form as on the original.  You agree not to remove or deface any portion of any legend provided on any licensed program or documentation delivered to you under this Agreement.

ASSIGNMENT; NO REVERSE ENGINEERING:  You may transfer the Software, Documentation and the licenses granted herein to another party in the same country in which you obtained the Software and Documentation if the other party agrees in writing to accept and be bound by the terms and conditions of this Agreement. If you transfer the Software and Documentation, you must at the same time either transfer all copies of the Software and Documentation to the party or you must destroy any copies not transferred. Except as set forth above, you may not assign or transfer your rights under this Agreement.

Modification, creation of derivative works, reverse engineering, reverse compiling, or disassembly of the Software are 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 U.S. Robotics upon written request.

EXPORT RESTRICTIONS:  The Software, including the Documentation and all related technical data (and any copies thereof) (collectively "Technical Data"), is subject to United States Export control laws and may be subject to export or import regulations in other countries.  In addition, the Technical Data covered by this Agreement may contain data encryption code which is unlawful to export or transfer from the United States or country where you legally obtained it without an approved U.S. Department of Commerce export license and appropriate foreign export or import license, as required.  You agree that you will not export or re-export the Technical Data (or any copies thereof) or any products utilizing the Technical Data in violation of any applicable laws or regulations of the United States or the country where you legally obtained it. You are responsible for obtaining any licenses to export, re-export or import the Technical Data. In addition to the above, the Product may not be used, exported or re-exported (i) into or to a national or resident of any country to which the U.S. has embargoed; or (ii) to any one on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals.

TRADE SECRETS; TITLE:  You acknowledge and agree that the structure, sequence and organization of the Software are the valuable trade secrets of U.S. Robotics 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 Documentation and all subsequent copies thereof regardless of the form or media are held by U.S. Robotics and its suppliers.

UNITED STATES GOVERNMENT LEGENDS:  The Software, Documentation and any other technical data provided hereunder 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 Agreement, which is U.S. Robotics'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.

TERM AND TERMINATION:  This Agreement and license will expire fifty (50) years from the date that you install the Software and Documentation, if it is not terminated earlier. 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 Agreement. Upon such termination you agree to destroy the Software and Documentation, together with all copies and merged portions in any form.

LIMITED WARRANTIES AND LIMITATION OF LIABILITY:   All warranties and limitations of liability applicable to the Software are as stated on the Limited Warranty Card, the product manual, or other Documentation, whether in paper or electronic form, accompanying the Software.  Such warranties and limitations of liability are incorporated herein in their entirety by this reference.

GOVERNING LAW:   This Agreement shall be governed by the laws of the State of California, U.S.A. excluding its conflicts of laws principles and excluding the United Nations Convention on Contracts for the International Sale of Goods.

SEVERABILITY:  In the event any provision of this 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 Agreement sets forth the entire understanding and agreement between you and U.S. Robotics and supersedes all prior agreements, whether written or oral, with respect to the Software and Documentation, and may be amended only in a writing signed by both parties.

Should you have any questions concerning this Agreement or if you desire to contact U.S. Robotics for any reason, please contact the U.S. Robotics subsidiary serving your country, or write:   U.S. Robotics Corporation, Customer Support Information, 935 National Parkway, Schaumburg, IL 60173.

U.S. Robotics is a registered trademark of U.S. Robotics Corporation. 
U.S. Robotics Corporation 
935 National Parkway
Schaumburg, IL 60173

© Copyright 2001 - 2005, U.S. Robotics Corporation.  All rights reserved 
