Technicolor Delivery Technologies Belgium C2100T Wireless .11ac Smart Ultra-Broadband Gateway User Manual
Technicolor Delivery Technologies Belgium Wireless .11ac Smart Ultra-Broadband Gateway
EULA
END USER LICENSE AGREEMENT (EULA)
Important - Read Carefully
BY “AGREEING AND ACCEPTING”, YOU (USER) AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS OF THIS AGREEMENT. IF YOU (USER) DO NOT AGREE, DO NOT
USE THIS LICENSED SOFTWARE.
This EULA applies notwithstanding any terms and conditions of any purchase order or other document
or record provided by USER, whether in written, electronic, or any other form (“purchase order”). If
there is any such purchase order, SUPPLIER (identified below) hereby expressly makes its acceptance
of such order conditional on USER’s agreement to the terms and conditions of this EULA, including,
without limitation, any terms and conditions herein that are different from or not contained in the
purchase order. SUPPLIER expressly rejects any terms and conditions contained in any purchaser order
that are different from or in addition to those contained in this EULA.
Definitions
“Licensed Software” shall mean the software program (executable program) and accompanying
documentation, plus any upgrades, modified versions, updates, additions and copies of the software
program furnished or made available to USER embedded in and necessary for the operation of the
Device.
“USER” means the person in whose name the license for the Licensed Software has been accepted.
“Device” means any C2100T device upon which the Licensed Software is installed.
“Open Source Software” shall mean any software or work, including, where appropriate, any and all
modifications, derivative works, enhancements, upgrades, and/or statically linking made to the source
code of such software or work, released under a software license, that requires as a condition of
royalty-free usage, copying, modification and/or redistribution of the Open Source Software to:
redistribute the Open Source Software royalty-free, and/or,
redistribute the Open Source Software under the same open source license/distribution terms as
those contained in the open source software license under which it has originally been released, and/
or,
release to the public, disclose, or otherwise make available the source code of the Open Source
Software.
“SUPPLIER” shall mean Technicolor Connected Home USA LLC.
“Territory” shall mean United States only.
“Term” shall mean the period of time in which USER has the right to use the Licensed Software
hereunder subject to the terms and conditions of this EULA.
License
Provided that USER complies with the terms of this EULA as well as the terms and conditions of any
related agreement (for example, service/supply agreement), SUPPLIER grants to USER a personal,
non-exclusive, non-transferable, non-assignable, non-refundable, limited copyright license, without the
right to sublicense, under SUPPLIER’s copyrights which are embodied in the Licensed Software and
the related documentation and only on the Device provided by SUPPLIER in which the Licensed
Software is embedded, provided that USER agrees to the following:
USER may only operate the Licensed Software in machine readable form as reasonably necessary to
operate the specific Device on which the Licensed Software is embedded.
USER may not:
Modify, translate, reverse engineer, decompile, disassemble, create derivative works based upon, or
copy the Licensed Software;
Rent, lease or provide on a time share basis or through a service bureau the Licensed Software;
Remove any proprietary notices, labels or marks on the Licensed Software;
Disable any security or controlling measures which may protect portions of the Licensed Software;
Transfer the Licensed Software to another user without the prior written consent of SUPPLIER;
Export or re-export, directly or indirectly, the Licensed Software to any country; or
Copy the accompanying documentation without the prior written consent of SUPPLIER.
For Licensed Software comprising a corrective update to previously acquired Licensed Software, USER
may use the update only to update or replace the previously acquired Licensed Software for use on
only the authorized specific Device that contains the previously acquired Licensed Software and only at
one time and only in compliance with the terms of this EULA.
USER represents and accepts that it will not take any action which will or might in any manner, infringe
or impair the integrity of the Licensed Software or any part thereof, SUPPLIER’s intellectual property
rights, and any other rights, title to, or interest therein.
Under no circumstances should anything in this EULA be construed as granting to USER, either by
implication, exhaustion, estoppel or otherwise any license, right, authorization, immunity or waiver with
respect to any intellectual property rights of SUPPLIER or its suppliers except with respect to the
limited rights to SUPPLIER’s copyrights embodied in the Licensed Software as expressly set forth in
this EULA. All rights in the Licensed Software not expressly granted hereby to User are reserved to
SUPPLIER and/or its suppliers.
Term
The EULA granted herein is effective upon acceptance by USER as defined above, and shall remain in
effect for the Term. The license grant may be terminated by USER at any time upon written notice to
SUPPLIER.
The EULA may be terminated immediately by SUPPLIER without notice if USER fails to comply with
any term or condition of this EULA. The EULA shall also terminate upon deactivation (in any way) of
the Device.
Upon termination by either party, USER shall return to SUPPLIER, or destroy, the Licensed Software
including accompanying documentation and materials, together with all copies in any form thereof.
Proprietary Rights
This EULA is not a sale, assignment or other transfer of ownership. Title, ownership, and copyrights to
the Licensed Software remain with SUPPLIER and/or its suppliers/licensors.
Except for the express license granted under the Section entitled License, SUPPLIER does not grant
any licenses, rights or immunities whether by implication, estoppel or otherwise.
Confidentiality
USER agrees and acknowledges that the Licensed Software contains confidential information. USER
agrees to keep confidential and not disclose or otherwise make available, any confidential information
that is provided or made available to USER under this EULA. USER shall exercise the same level of
diligence in preserving the secrecy of the confidential information as the diligence used in preserving
the secrecy of its own confidential information, but in no event less than reasonable diligence, to avoid
unauthorized disclosure or use of Confidential Information. Notwithstanding anything in this EULA to
the contrary, the obligations of confidentiality shall continue in perpetuity.
USER shall not disclose, publish, transmit or make available the confidential information, in whole or in
part, to any person.
Notwithstanding the foregoing, the obligations of confidentiality shall not apply when USER can
establish clearly that the disclosed information: (i) is in or comes into the public domain through no
breach by USER of its obligations under this EULA; (ii) USER rightfully receives from a third party who
owes no obligations of confidentiality to SUPPLIER in respect thereto; (iii) was already known to USER
at the time of disclosure; or (iv) was independently developed by or for USER without any use or
benefit of the confidential information.
If USER is required by any legal or investigative process to disclose any confidential information that it
is not permitted to disclose, USER shall provide SUPPLIER with prompt notice of such requirement so
that SUPPLIER may seek to prevent disclosure or the entry of a protective order. USER shall only
disclose only such information that it is advised by its counsel is legally required to be disclosed.
Notwithstanding the foregoing, nothing in this EULA shall prevent SUPPLIER from seeking immediate
injunctive relief if appropriate.
Limited Warranty and Disclaimer of Liability
TO THE EXTENT PERMITTED BY LAW, THE LICENSED SOFTWARE AND THE
CONFIDENTIAL INFORMATION ARE PROVIDED TO USER ON AN “AS IS” BASIS. TO THE
EXTENT PERMITTED BY LAW, SUPPLIER AND ITS SUPPLIERS MAKE NO WARRANTIES,
EXPRESS OR IMPLIED INCLUDING, THAT THE LICENSED SOFTWARE WILL BE
APPROPRIATE TO A PARTICULAR PLATFORM, OR ENVIRONMENT. THE LICENSED
SOFTWARE AND CONFIDENTIAL INFORMATION ARE PROVIDED HEREUNDER
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO ANY IMPLIED LIABILITIES AND WARRANTIES OF (i) FREEDOM FROM
INHERENT DEFECTS OR FROM THIRD PARTY INTELLECTUAL PROPERTY
INFRINGEMENT CLAIMS, (ii) MERCHANTABILITY, (iii) FITNESS AND SUITABILITY FOR A
SPECIFIC OR GENERAL PURPOSE AND THOSE ARISING BY STATUTE OR BY LAW, OR
(iv) FROM COURSE OF DEALING OR USAGE OF TRADE.
IN NO EVENT SHALL SUPPLIER OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT,
CONSEQUENTIAL, SPECIAL AND/OR INCIDENTAL DAMAGES, INCLUDING BUT NOT
LIMITED TO LOSS OF DATA, LOSS OF INCOME, LOSS OF OPPORTUNITY OR PROFITS,
BUSINESS OR SERVICE INTERRUPTION, OR OTHER DAMAGES OR COSTS ARISING
FROM THE USE OF THE LICENSED SOFTWARE, REGARDLESS OF THE CAUSE OR
FORM OF ACTION, WHETHER IN CONTRACT, OR OTHERWISE, EVEN IF SUPPLIER, ITS
SUPPLIERS/LICENSORS OR AUTHORIZED RESELLERS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. USER ACKNOWLEDGES AND AGREES THAT THIS
EULA REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. IN NO EVENT
SHALL THE LIABILITY OF SUPPLIER OR ITS SUPPLIERS FOR DIRECT DAMAGES EXCEED
THE LESSER OF THE AMOUNT EFFECTIVELY PAID BY USER FOR THE LICENSED
SOFTWARE AT ISSUE, OR TEN US DOLLARS ($10).
Third Party Software Terms
USER acknowledges and hereby accepts that the Licensed Software may contain third party software
(“Third Party Software”) and Open Source Software.
Third Party Software
USER acknowledges and hereby accepts that the Third Party Software may be subject to specific
terms and conditions as described within applicable documentation (including readme files, similar text
files, or otherwise). In the event the terms of this EULA are contradictory to the terms of the applicable
Third Party Software license, the terms of such applicable Third Party Software license may prevail over
the EULA with respect to such Third Party Software.
Except as expressly agreed otherwise in the specific license terms set forth in the applicable
documentation provided with the Licensed Software, suppliers/licensors from whom SUPPLIER may
have obtained a license right do not warrant the Licensed Software, do not assume any liability with
respect to its use, and do not undertake to furnish any support or information relating thereto.
Open Source Software
USER acknowledges and accepts that the Licensed Software may contain Open Source Software as
described within applicable documentation (which may include readme files, similar text files or
otherwise, or which applicable information is available at SUPPLIER'S website at the following address:
http://www.technicolor.com/en/hi/minisites/open-software or at another address as may be specified
by SUPPLIER from time to time).
TECHNICOLOR CONNECTED HOME USA, LLC
101, W. 103rd St.
Indianapolis, IN 46290
United States of America
www.technicolor.com
*DSL3727366A*
DSL3727366A
Copyright 2014 Technicolor. All rights reserved.
All tradenames referenced are service marks, trademarks,
or registered trademarks of their respective companies.
Specifications subject to change without notice.
DMS3-SAF-25-55 v2.0.
USER acknowledges that Open Source Software is licensed to USER by the owner or licensor of such
Open Source Software and not by SUPPLIER. Such Open Source Software is only distributed by the
SUPPLIER, and the terms of any specific Open Source Software license shall apply to USER’s use of
such Open Source Software. USER acknowledges and accepts, as a user of such Open Source
Software, to comply with applicable license terms.
Open Source Software is usually distributed and/or made available without any warranty (including but
not limited to warranty of non infringement, or hidden defects). USER hereby accepts that any Open
Source Software used as a component of the Licensed Software and provided hereunder to USER are
also provided without any warranty of any kind, either implied or express.
Assignment – Transfer – Delegation
SUPPLIER may assign, or transfer this EULA, or part thereof, and/or delegate, partially or totally, its
rights and/or obligations hereunder, to any third party without consent from USER.
USER shall not assign, transfer, delegate, partially or totally, any of its rights and obligations under this
EULA, to any third party without the prior written consent of SUPPLIER, except when transferring the
Device in which such Licensed Software is embedded to such third party, provided that such third party
agrees to be bound by the terms of this EULA. Such consent shall not be unreasonably withheld.
General
This EULA shall be governed and construed in accordance with the laws of the state of Indiana, USA,
without regard to conflict of laws principles. All disputes, controversies or differences which may arise
between the Parties hereto, out of or in relation to this agreement shall be heard in the courts sitting in
Indianapolis, Indiana, USA.
This EULA can only be modified from time to time by SUPPLIER by providing notice. Modifications
to this EULA will be effective after SUPPLIER provides notice of the modifications, whether such
notice is provided with an update to the Licensed Software, made available on the Licensed Software
user interface or otherwise. If USER does not agree to any of the modified terms USER may cease use
of the Licensed Software.
If any portion of this EULA shall be held invalid, illegal, or unenforceable, the validity, legality, and
enforceability of the remainder of this EULA shall not in any way be affected or impaired thereby.
This EULA is the complete and exclusive statement of the agreement between USER and SUPPLIER,
with respect to the use, reproduction, and transfer of the Licensed Software, which supersedes all
proposals or prior agreements, oral or written, and all other communications between USER and
SUPPLIER, relating to the subject matter of this hereof.
The Disclaimer of Liability and USER's obligations of confidentiality survive termination or expiration
of this EULA.