inary/licenses/qpopper

Qpopper(tm) is licensed by QUALCOMM Incorporated under the following
    terms and conditions.  ANY USE OF QPOPPER CONSTITUTES AGREEMENT TO
    THESE TERMS.

1.  Warranty Disclaimer.  QPOPPER SOFTWARE IS PROVIDED TO THE USER "AS
    IS." QUALCOMM MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH
    RESPECT TO THE QPOPPER SOFTWARE AND/OR ASSOCIATED MATERIALS
    PROVIDED TO THE USER, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF
    MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST
    INFRINGEMENT.  QUALCOMM does not warrant that the functions
    contained in the software will meet your requirements, or that the
    operation of the software will be uninterrupted or error-free, or
    that defects in the software will be corrected.  Furthermore,
    QUALCOMM does not warrant or make any representations regarding
    the use or the results of the use of the software or any
    documentation provided therewith in terms of their correctness,
    accuracy, reliability, or otherwise.  No oral or written
    information or advice given by QUALCOMM or a QUALCOMM
    representative shall create a warranty or in any way increase the
    scope of this warranty.

2.  Limitation of Liability.  QUALCOMM AND ITS LICENSORS ARE NOT LIABLE
    FOR ANY CLAIMS OR DAMAGES WHATSOEVER ARISING IN CONNECTION WITH
    THE QPOPPER SOFTWARE, INCLUDING WITHOUT LIMITATION PROPERTY
    DAMAGE, PERSONAL INJURY, INTELLECTUAL PROPERTY INFRINGEMENT, LOSS
    OF PROFITS, OR INTERRUPTION OF BUSINESS, OR FOR ANY SPECIAL,
    CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER
    ARISING OUT OF BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING
    NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

3.  Using and Distributing Qpopper.  If a party agrees to these terms
    and conditions, such party may copy and use Qpopper for any
    purpose, and distribute unmodified complete copies of Qpopper to
    any third party provided that such third party must agree to these
    terms and conditions prior to any use of Qpopper.  Failure to
    include these license terms when distributing Qpopper shall be a
    material breach of this agreement, and the party committing such
    breach shall defend and indemnify QUALCOMM Incorporated against
    all claims, losses, liabilities, damages, costs and expenses,
    including attorney's fees, which QUALCOMM may incur in connection
    with such breach.

4.  Modifying Qpopper.  Qpopper consists of (i) intellectual property
    owned by QUALCOMM Incorporated, and (ii) intellectual property
    owned by the Regents of the University of California.  Any
    modifications to the U.C.-owned portions of Qpopper are subject to
    the provisions of Section 7 below.  A party to this agreement may
    create derivative works of the QUALCOMM-owned portions of the
    Qpopper software, distribute such derivative works to third
    parties, and permit such third parties to copy and use such
    derivative works subject to the following restrictions: 
    
    (a)  The protocol greeting banner and the CAPA IMPLEMENTATION
         response tag must include clear notification that Qpopper has
         been modified (for example,
         "FooPopper-by-Foo-Networks-hacked-from-Qpopper-4.0"). 
    
    (b)  Detailed notification of all modifications must be clearly and
         conspicuously included within the modified source files, and 
         in a separate document.  All of the source files and the 
         document describing the changes must be distributed with the
         modified software. 
    
    (c)  When distributing the modified software the distributing party
         must clearly and conspicuously communicate to all recipients
         that the modified software is produced by the party that
         modified the software and is not a QUALCOMM product. 

    (d)  The term "Qpopper" shall not be used in connection with the
         modified software except in a purely factual manner when
         describing the history or development of the software.

    (e)  The modified software must be licensed to end users using a
         license agreement which expressly states that portions of the
         modified software are based on code owned by QUALCOMM 
         Incorporated, that such QUALCOMM code is only provided on the
         terms stated in this agreement, and that QUALCOMM bears no 
         responsibility whatsoever for any modifications to the QUALCOMM
         code.

    (f)  The modifying party shall defend and indemnify QUALCOMM 
         Incorporated against all claims, losses, liabilities, damages,
         costs and expenses, including attorney's fees, which QUALCOMM
         may incur in connection with any intellectual property 
         infringement or similar claim related to the modified 
         software, if such claim is related to that party's 
         modifications.

5.  Notices.  QUALCOMM is a registered trademark and registered service
    mark of QUALCOMM Incorporated.  Qpopper is a trademark of QUALCOMM
    Incorporated.  QUALCOMM does not grant any party the right to use
    such marks on any modified version of the Qpopper software.  All
    other trademarks and service marks are the property of their
    respective owners.  The Qpopper software, excluding the portions
    owned by the Regents of the University of California, is Copyright
    1993-2001 QUALCOMM Incorporated.  All rights not expressly granted
    herein are reserved by QUALCOMM.

6.  General.  This agreement is governed and interpreted in accordance
    with the laws of the State of California without giving effect to
    its conflict of laws provisions.  Any claim arising out of or
    related to this agreement must be brought exclusively in the state
    or federal courts located in San Diego County, California.  The
    United Nations Convention on Contracts for the International Sale
    of Goods is expressly disclaimed.  If any provision of this
    agreement shall be invalid, the validity of the  remaining
    provisions of this agreement shall not be affected.  This
    agreement is the entire and exclusive agreement between QUALCOMM
    and any user of the Qpopper software with respect to the software
    and supersedes all prior agreements (whether written or oral) and
    other communications related to the software.

7.  IMPORTANT.

    This software program contains code, and/or derivatives or
    modifications of code originating from the software program
    "Popper." Popper is (c) Copyright 1989-1991 The Regents of the
    University of California, All Rights Reserved.  Popper was 
    created by Austin Shelton, Information Systems and Technology,
    University of California, Berkeley.  Permission from the Regents of
    the University of California to use, copy, modify, and distribute
    the "Popper" software contained herein for any purpose, without
    fee, and without a written agreement is hereby granted, provided
    that the above copyright notice and this paragraph and the 
    following two paragraphs appear in all copies.  HOWEVER, ADDITIONAL
    PERMISSIONS MAY BE NECESSARY FROM OTHER PERSONS OR ENTITIES, TO
    USE DERIVATIVES OR MODIFICATIONS OF POPPER.

    IN NO EVENT SHALL THE UNIVERSITY OF CALIFORNIA BE LIABLE TO ANY
    PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
    DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OF THE
    POPPER SOFTWARE, OR ITS DERIVATIVES OR MODIFICATIONS, AND ITS
    DOCUMENTATION, EVEN IF THE UNIVERSITY OF CALIFORNIA HAS BEEN
    ADVISED OF THE POSSIBLITY OF SUCH DAMAGE.

    THE UNIVERSITY OF CALIFORNIA, SPECIFICALLY DISCLAIMS ANY 
    WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
    OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE 
    POPPER SOFTWARE PROVIDED HEREUNDER IS ON AN "AS IS" BASIS, AND THE
    UNIVERSITY OF CALIFORNIA HAS NO OBLIGATIONS TO PROVIDE
    MAINTENANCE, SUPPORT, UPDATES, ENCHANCEMENTS, OR MODIFICATIONS.