Copyright (c) 2009
Lantiq Deutschland GmbH
Am Campeon 3; 85579 Neubiberg, Germany

LICENSE AGREEMENT 

THIS LICENSE AGREEMENT ("AGREEMENT") IS A LEGAL DOCUMENT BETWEEN YOU AND LANTIQ DEUTSCHLAND GMBH ("LANTIQ"). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE  INSTALLING THE LANTIQ PROPRIETARY SOFTWARE  IDENTIFIED ON THIS WEB PAGE OR THIS CD OR ANY OTHER MEDIA  AND BEFORE USING THE RELATED DOCUMENTATION (LANTIQ PROPRIETARY SOFTWARE AND DOCUMENTATION hereinafter PRODUCT): YOU refers to both You individually and the entity for whom You are using, copying the PRODUCT and installing the LANTIQ PROPRIETARY SOFTWARE.
BY CLICKING YES DURING THE INSTALLATION OF THE LANTIQ PROPRIETARY SOFTWARE OR BY USING THE PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ THE AGREEMENT AND ACCEPT ITS TERMS FOR LANTIQ PROPRIETARY SOFTWARE. IF YOU DO NOT WANT TO BE BOUND BY THE TERMS, CLICK "NO", IN WHICH CASE YOU WILL NOT BE PERMITTED TO INSTAL THE LANTIQ PROPRIETARY SOFTWARE NOR USE THE PRODUCT.
B. LICENSE TERMS FOR LANTIQ PROPRIETARY SOFTWARE.
1. GRANT OF LICENSE TO LANTIQ PROPRIETARY SOFTWARE. 
a)Subject to the terms of this AGREEMENT, LANTIQ grants to YOU the limited, world-wide, non-exclusive, non-sublicensable, non-transferable, royalty-free license 

	to use, have used, copy and have copied the LANTIQ PROPRIETARY SOFTWARE, 
	to modify, have modified the parts of the LANTIQ PROPRIETARY SOFTWARE provided in source code form and to create executable code thereof;
	to copy, have copied, load, have loaded the LANTIQ PROPRIETARY SOFTWARE or modified LANTIQ PROPRIETARY SOFTWARE in executable code on LANTIQs hardware devices and sell or otherwise distribute LANTIQ hardware devices with the modified or unmodified LANTIQ PROPRIETARY SOFTWARE thereon 
b)	Subject to the terms of this AGREEMENT, LANTIQ grants to YOU the limited, world-wide, non-exclusive, non-sublicensable, non-transferable, royalty-free license to use, have used and copy for internal purposes the DOCUMENTATION.

YOUR right to use the PRODUCT, as granted in this clause 1(a)-(b), will commence on the day that YOU accept the terms of this Agreement and will continue for an unlimited period of time but shall end prematurely in case of breach by YOU of the terms of this Agreement.
(c) YOU ARE PROHIBITED FROM USING THE PRODUCT OR ANY DERIVATIVE THEREOF FOR ANY OTHER PURPOSE INCLUDING, WITHOUT LIMITATION, BENCHMARKING SOFTWARE AND PREPARING OR PRESENTING CUSTOMER DEMONSTRATIONS LANTIQ reserves the right to terminate YOUR rights under this Agreement and to seek any other legal remedies if YOU violate any provisions hereof and, in the event of such termination, YOU agree to cease using the PRODUCT and destroy all copies of the PRODUCT or parts thereof from YOUR systems and files.
2. OWNERSHIP. The PRODUCT and any copies thereof are owned by LANTIQ or its licensors and are protected by copyright laws and international treaty provisions.  YOU must label any copies with all information included on the original media label. YOU AGREE NOT TO DISTRIBUTE COPIES OF THE PRODUCT TO THIRD PARTIES. 
3. OTHER RESTRICTIONS. YOU agree not to use, copy, modify, sell, or transfer or assign to third parties (by operation of law or otherwise) the PRODUCT or any copy, in whole or in part, as such and any attempt to transfer or assign shall be void. For any PRODUCT provided to YOU other than in source code or human readable format, YOU agree not to reverse engineer, decompile, disassemble, or make any attempt to discover the source code or human readable format for such PRODUCT.
4.  CONFIDENTIALITY.  The PRODUCT is the confidential and proprietary information of LANTIQ and may only be used by YOU in accordance with the terms of this Agreement.  YOU shall hold such confidential information in strict confidence and not disclose it or any derivative work thereof or its contents to third parties. The foregoing prohibition shall not apply to the extent that the confidential information is required to be disclosed as a matter of law or by order of a court, provided that YOU use reasonable efforts to provide LANTIQ with prior notice of such obligation to disclose and reasonably assists in obtaining a protective order. If the PRODUCT is copied to or used on a computer attached to a network, YOU must have a reasonable mechanism in place to ensure that the PRODUCT may not be used or copied by unlicensed persons.
5. NO WARRANTY. THE PRODUCT IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, WITHOUT LIMITATION ANY WARRANTY AS TO PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU.  LANTIQ is not obligated to provide any support, assistance, installation, training or other services, updates, or enhancements related to the PRODUCT.
6. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LANTIQ OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION, DELIVERY, OR LICENSING OF THE PRODUCT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS PRODUCT, WHETHER OR NOT THE POSSIBILITY OR CAUSE OF SUCH DAMAGES WAS KNOWN TO LANTIQ.  
7. EXPORT LAWS. YOU agree that YOU will not export or re-export the PRODUCT or any copy thereof in any form without the appropriate German and foreign government license or permit. YOU also agree that YOUR obligations under this section will survive and continue after any termination or revocation of rights under this Agreement.
8. GENERAL. This Agreement constitutes the complete agreement between YOU and LANTIQ and may not be modified unless a written amendment is signed by a corporate officer of LANTIQ. YOU agree to submit to exclusive jurisdiction in the courts of the Federal Republic of Germany. This Agreement shall be interpreted pursuant to German law without regard to principles of conflicts of laws. The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision. If YOU have any questions concerning this Agreement, or if YOU desire to contact LANTIQ DEUTSCHLAND GMBH for any reason, please do so in writing at the address listed below. 
LANTIQ is a registered trademark and the LANTIQ logo is a trademark of LANTIQ DEUTSCHLAND GMBH. 
