Qpopper® 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-3.0").
(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 1993-2000 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.
This software program contains code, and/or derivatives or modifications of code originating from the software program "Popper." Popper is © 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.