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Re: ipw2100 firmware distributable?



Sebastian Ley said on Sun, May 30, 2004 at 09:54:09PM +0200,:

> determine whether the ipw2100 (popular wifi chipset) firmware by Intel
 > is distributable in non-free.
 > 
 > The license can be found here:
 > http://ipw2100.sourceforge.net/firmware.php?fid=2
 > 

Here is the text:-

Just did a ctrl+ A in Mozilla and Ctrl+y in emacs. And re-wrapped the
text. So whatever is left out bya  ctrl+a is not in here. (time here
is 2.15 AM).

(begin license page)

Intel,A.(B PRO/Wireless 2100 Driver Firmware

an open source 802.11b driver for the ipw2100 - main | validation |
todo | firmware | downloads | news	 
License Agreement

In order to download the firmware for the Intel PRO/Wireless 2100, you
must read and agree to the following license: 

TERMS AND CONDITIONS
IMPORTANT - PLEASE READ BEFORE INSTALLING OR USING THIS INTEL,A.(B
SOFTWARE 

Do not use or load this firmware (the "Software") until you have
carefully read the following terms and conditions. By loading or using
the Software, you agree to the terms of this Agreement. If you do not
wish to so agree, do not install or use the Software. 

LICENSEES: Please note:

    * If you are an End-User, only Exhibit A, the SOFTWARE LICENSE
       AGREEMENT, applies. 
    * If you are an Original Equipment Manufacturer (OEM), Independent
       Hardware Vendor (IHV), or Independent Software Vendor (ISV),
       this complete Agreement applies  

For OEMs, IHVs, and ISVs:

LICENSE. This Software is licensed for use only in conjunction with
Intel component products. Use of the Software in conjunction with
non-Intel component products is not licensed hereunder. Subject to the
terms of this Agreement, Intel grants to you a nonexclusive,
nontransferable, worldwide, fully paid-up license under Intel's
copyrights to: (i) copy the Software internally for your own
development and maintenance purposes; (ii) copy and distribute the
Software to your end-users, but only under a license agreement with
terms at least as restrictive as those contained in Intel's Final,
Single User License Agreement, attached as Exhibit A; and (iii)
modify, copy and distribute the end-user documentation which may
accompany the Software, but only in association with the Software. 

If you are not the final manufacturer or vendor of a computer system
or software program incorporating the Software, then you may transfer
a copy of the Software, including any related documentation (modified
or unmodified) to your recipient for use in accordance with the terms
of this Agreement, provided such recipient agrees to be fully bound by
the terms hereof. You shall not otherwise assign, sublicense, lease,
or in any other way transfer or disclose Software to any third
party. You may not, nor may you assist any other person or entity to
modify, translate, convert to another programming language, decompile,
reverse engineer, or disassemble any portion of the Software or
otherwise attempt to derive source code from any object code modules
of the Software or any internal data files generated by the
Software. Your rights to redistribute the Software shall be contingent
upon your installation of this Agreement in its entirety in the same
directory as the Software. 

CONFIDENTIALITY. If you wish to have a third party consultant or 
subcontractor ("Contractor") perform work on your behalf which
involves access to or use of Software, you shall obtain a written
confidentiality agreement from the Contractor which contains
provisions with respect to access to or use of the Software no less
restrictive than those set forth in this Agreement and excluding any
distribution rights, and use for any other purpose. Except as
expressly provided herein, you shall not disclose the terms or
existence of this Agreement or use Intel's name in any publications,
advertisements, or other announcements without Intel's prior written
consent. You do not have any rights to use any Intel trademarks or
logos. 

OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Software and accompanying
materials, if any, are owned by Intel or its suppliers and licensors
and may be protected by copyright, trademark, patent and trade secret
law and international treaties. Any rights, express or implied, in the
intellectual property embodied in the foregoing, other than those
specified in this Agreement, are reserved by Intel and its suppliers
and licensors or otherwise as set forth in any applicable open source
license agreement. You will keep the Software free of liens,
attachments, and other encumbrances. You agree not to remove any
proprietary notices and/or any labels from the Software and
accompanying materials without prior written approval by Intel 

LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS AND
LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER FROM ANY CAUSE OF
ACTION OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS,
BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF THE USE,
MODIFICATION, OR INABILITY TO USE THE INTEL SOFTWARE, OR OTHERWISE,
NOR FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY
KIND, EVEN IF INTEL OR ITS SUPPLIERS AND LICENSORS HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION
OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES, CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SO CERTAIN LIMITATIONS MAY NOT APPLY. YOU MAY ALSO
HAVE OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS. 

EXCLUSION OF WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" AND POSSIBLY
WITH FAULTS. UNLESS EXPRESSLY AGREED OTHERWISE, INTEL AND ITS
SUPPLIERS AND LICENSORS DISCLAIM ANY AND ALL WARRANTIES AND
GUARANTEES, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING BUT NOT LIMITED
TO THE WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR
A PARTICULAR PURPOSE. Intel does not warrant or assume responsibility
for the accuracy or completeness of any information, text, graphics,
links or other items contained within the Software. You assume all
liability, financial or otherwise, associated with Your use or
disposition of the Software. 

APPLICABLE LAW. Claims arising under this Agreement shall be governed
by the laws of State of California], excluding its principles of
conflict of laws and the United Nations Convention on Contracts for
the Sale of Goods. 

WAIVER AND AMENDMENT. No modification, amendment or waiver of any
provision of this Agreement shall be effective unless in writing and
signed by an officer of Intel. No failure or delay in exercising any
right, power, or remedy under this Agreement shall operate as a waiver
of any such right, power or remedy. Without limiting the foregoing,
terms and conditions on any purchase orders or similar materials
submitted by you to Intel, and any terms contained in Intel$B!G(Bs
standard acknowledgment form that are in conflict with these terms,
shall be of no force or effect. 

SEVERABILITY. If any provision of this Agreement is held by a court of
competent jurisdiction to be contrary to law, such provision shall be
changed and interpreted so as to best accomplish the objectives of the
original provision to the fullest extent allowed by law and the
remaining provisions of this Agreement shall remain in full force and
effect. 

EXPORT RESTRICTIONS. Each party acknowledges that the Software is
subject to applicable import and export regulations of the United
States and of the countries in which each party transacts business,
specifically including U.S. Export Administration Act and Export
Administration Regulations. Each party shall comply with such laws and
regulations, as well as all other laws and regulations applicable to
the Software. Without limiting the generality of the foregoing, each
party agrees that it will not export, re-export, transfer or divert
any of the Software or the direct programs thereof to any restricted
place or party in accordance with U.S. export regulations. Note that
Software containing encryption may be subject to additional
restrictions. 

GOVERNMENT RESTRICTED RIGHTS. The Software is provided with
"RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government
is subject to restrictions as set forth in FAR52.227-14 and
DFAR252.227-7013 et seq. or their successors. Use of the Software by
the Government constitutes acknowledgment of Intel's proprietary
rights therein. Contractor or Manufacturer is Intel Corporation, 2200
Mission College Blvd., Santa Clara, CA 95052. 

TERMINATION OF THE AGREEMENT. Intel may terminate this Agreement if
you violate its terms. Upon termination, you will immediately destroy
the Software or return all copies of the Software to Intel. 
EXHIBIT "A"

SOFTWARE LICENSE AGREEMENT (Final, Single User)

IMPORTANT - READ BEFORE COPYING, INSTALLING OR USING.Do not use or
load this firmware image (the "Software") until you have carefully
read the following terms and conditions. By loading or using the
Software, you agree to the terms of this Agreement. If you do not wish
to so agree, do not install or use the Software. 

LICENSE. You may copy and use the Software, subject to these conditions:

   1. This Software is licensed for use only in conjunction with Intel
   component products. Use of the Software in conjunction with
   non-Intel component products is not licensed hereunder. 
   2. You may not copy, modify, rent, sell, distribute or transfer any
   part of the Software except as provided in this Agreement, and you
   agree to prevent unauthorized copying of the Software. 
   3. You may not reverse engineer, decompile, or disassemble the Software.
   4. You may not sublicense the Software.
   5. The Software may contain the software or other property of third party suppliers. 

OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the
Software remains with Intel or its suppliers. The Software is
copyrighted and protected by the laws of the United States and other
countries, and international treaty provisions. You may not remove any
copyright notices from the Software. Intel may make changes to the
Software, or items referenced therein, at any time without notice, but
is not obligated to support or update the Software. Except as
otherwise expressly provided, Intel grants no express or implied right
under Intel patents, copyrights, trademarks, or other intellectual
property rights. You may transfer the Software only if a copy of this
license accompanies the Software and the recipient agrees to be fully
bound by these terms. 

EXCLUSION OF OTHER WARRANTIES EXCEPT AS PROVIDED ABOVE, THE SOFTWARE
IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY
KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR
FITNESS FOR A PARTICULAR PURPOSE. Intel does not warrant or assume
responsibility for the accuracy or completeness of any information,
text, graphics, links or other items contained within the Software. 

LIMITATION OF LIABILITY. IN NO EVENT SHALL INTEL OR ITS SUPPLIERS BE
LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST
PROFITS, BUSINESS INTERRUPTION, OR LOST INFORMATION) ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF INTEL HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES
OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY
BETWEEN JURISDICTIONS. 

TERMINATION OF THIS AGREEMENT. Intel may terminate this Agreement at
any time if you violate its terms. Upon termination, you will
immediately destroy the Software. 

APPLICABLE LAWS. Claims arising under this Agreement shall be governed
by the laws of California, excluding its principles of conflict of
laws and the United Nations Convention on Contracts for the Sale of
Goods. You may not export the Software in violation of applicable
export laws and regulations. Intel is not obligated under any other
agreements unless they are in writing and signed by an authorized
representative of Intel. 

GOVERNMENT RESTRICTED RIGHTS. The Software is provided with
"RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government
is subject to restrictions as set forth in FAR52.227-14 and
DFAR252.227-7013 et seq. or their successors. Use of the Software by
the Government constitutes acknowledgment of Intel's proprietary
rights therein. Contractor or Manufacturer is Intel Corporation, 2200
Mission College Blvd., Santa Clara, CA 95052. 

If you agree to the terms of this license, click I Agree to indicate
your agreement. Your browser will be directed to the download
archive. A copy of this license is provided within the downloaded
archive as the file LICENSE. For installation instructions, refer to
the documentation installed by the driver patch (INSTALL and
README.ipw2100). 

If you do not agree to the terms of this license, you may not download or use the firmware.
Last Updated: May 10 2004
(/end license page)

The `I Agree" in `If you agree to the terms of this license, click I
Agree to indicate' is a link to
http://ipw2100.sourceforge.net/firmware.php?agree=1&f=ipw2100-fw-1.1.zip


-- 
         Mahesh T. Pai    <<>>   http://paivakil.port5.com

Distribute Free Software -- Help stamp out Software Hoarding!



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