Software License Agreement
The AT&T Microcell product contains software (including firmware) originating from Cisco Systems, Inc. and/or its subsidiaries ("Cisco") and Cisco's suppliers and also contains software from the open source community.
Any software originating from Cisco and its suppliers is licensed under the Cisco Software License Agreement contained in Schedule 1 below. Schedule 2 contains a link to documents giving details of licenses and notices for open source software used in the AT&T Microcell software. With respect to the free/open source software listed in those documents, if you have any questions or wish to receive a copy of any source code to which you may be entitled under the applicable free/open source license(s) (such as the GNU Lesser/General Public License), please contact us in the manner specified in the applicable document.
By using the software, you acknowledge that you have reviewed both the Cisco and open source license terms and that you agree to be bound by the terms of such licenses.
THIS SOFTWARE END USER LICENSE AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND CISCO. READ IT CAREFULLY BEFORE INSTALLING AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY CHECKING THE "I ACCEPT" BOX, DOWNLOADING, INSTALLING OR USING THE SOFTWARE, OR USING THE PRODUCT CONTAINING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT CLICK ON THE "I ACCEPT" BUTTON AND/OR DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE, AND YOU MAY RETURN UNUSED SOFTWARE (OR, IF THE SOFTWARE IS SUPPLIED AS PART OF ANOTHER PRODUCT, THE UNUSED PRODUCT) FOR A FULL REFUND UP TO 14 DAYS AFTER ORIGINAL PURCHASE, SUBJECT TO THE RETURN PROCESS AND POLICIES OF THE PARTY FROM WHICH YOU PURCHASED SUCH PRODUCT OR SOFTWARE.
Schedules: Cisco Software License Agreement and Open Source Licenses and Notices
Schedule 1: Cisco Software License Agreement
"Software" includes, and this Cisco Software License Agreement ("Agreement") will apply to (a) the software of Cisco or its suppliers licensed separately or provided in or with the applicable product, and (b) any upgrades, updates, bug fixes or modified versions ("Upgrades") or backup copies of the Software supplied to you by Cisco or an authorized reseller (whether or not for a fee), provided you already hold a valid license to the original software and have paid any applicable fee for the Upgrade.
"Documentation" means all documentation and other related materials supplied by AT&T and/or Cisco to you pursuant to this Agreement.
License. Subject to the terms and conditions of this Agreement, Cisco grants the original end user purchaser of the Software a nonexclusive license to (i) use the Software solely as embedded in, as a stand-alone application or (where authorized in the applicable Documentation) for communication with such product, each solely at Cisco's discretion; (ii) if the Software is purchased separately from any Cisco product, install the Software on personal computers within a single household or business location according to the maximum number of licenses you have purchased; and (iii) make one copy of the Software in machine-readable form and one copy of the Documentation, solely for backup purposes. This license may not be sublicensed, and is not transferable except to a person or entity to which you transfer ownership of the complete product containing the Software or complete Software product, provided you permanently transfer all rights under this Agreement and do not retain any full or partial copies of the Software, and the recipient agrees to the terms of this Agreement.
License Restrictions. Other than as set forth in this Agreement, you may not (i) make or distribute copies of the Software or its related Documentation, or electronically transfer the Software or Documentation from one computer to another or over a network; (ii) alter, merge, modify, adapt, decrypt or translate the Software or related Documentation, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form (except to the extent expressly permitted by law notwithstanding this provision); (iii) share, sell, rent, lease, or sublicense the Software or related Documentation; (iv) modify the Software or create derivative works based upon the Software; (v) if you make a backup copy of the Software and Documentation, you must reproduce all copyright notices and any other proprietary legends found on the original Software and Documentation; (vi) use the Software under any circumstances for competitive evaluation, including developing competing software; (vii) to the extent permitted under applicable law, assign, sublicense or otherwise transfer the Software unless the prospective assignee, sublicensee or transferee expressly agrees to all the terms and conditions under this Agreement.
The Software contains trade secrets and/or copyrighted materials of Cisco or its suppliers. You will not disclose or make available such trade secrets or copyrighted material in any form to any third party.
In the event that you fail to comply with this Agreement, the license granted to you will automatically terminate, at which time you must immediately (i) stop using the product in which the Software is embedded, or (ii) uninstall the Software and destroy all copies of the Software and Documentation where the Software is purchased separately. All other rights of both parties and all other provisions of this Agreement will survive this termination.
Ownership. The Software and Documentation are licensed and not sold to you. Cisco and its licensors retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and Documentation and all copies and portions thereof. All rights not specifically granted to you in this Agreement are reserved by Cisco and its licensors. Your use of any software product from an entity other than Cisco that may have been recommended by Cisco is governed by such software product's end user license agreement.
Links and Advertising. AT&T and Cisco may provide from within the Software links to websites or third party software products that are beyond our control. AT&T and Cisco make no representations as to the quality, suitability, functionality, or legality of any sites or products to which links may be provided, and you hereby waive any claim you might have against Cisco with respect to such sites or third party software products. Your correspondence or business dealings with, or participation in promotions of advertisers found through the Software and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that Cisco is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers in the Cisco Software.
Collection and Processing of Information. You agree that AT&T and Cisco and/or their respective affiliates may, from time to time, collect and process information about your product and/or the Software and/or your use of either in order (i) to enable AT&T and Cisco to offer you Upgrades; (ii) to provide support and assistance with your product and/or the Software; (iii) to ensure that your product and/or the Software is being used in accordance with the terms of this Agreement; (iv) to provide improvements to the way Cisco delivers technology to you and to other customers; (v) to provide reports regarding the status and health of the network, including network traffic and application usage; (vi) to enable AT&T and Cisco to comply with the terms of any agreements it has with any third parties regarding your product and/or Software ; and/or (vii) to enable AT&T and Cisco to comply with all applicable laws and/or regulations, or the requirements of any regulatory authority or government agency. AT&T and Cisco and/ or their respective affiliates may collect and process this information provided that it does not identify you personally.
The reports feature of certain Software allows you to monitor the activity of computers running the Software in your home or small office. You must activate this feature in order to receive reports. If you activate the reports feature, you agree to the following: (a) the Software tracks and monitors the following components and activities in your home or office: network traffic (e.g. megabytes per hour), application usage (the foreground window is tracked and the time each application is in the foreground during active usage of the computer) and internet history. (b) For all computers on which the reports feature is enabled, the above information is transmitted to servers at Cisco and/or a third party at periodic intervals while the computer is online. This information is associated and stored with the email address supplied by you when you activated the reports feature. This information is summarized into a formal report and is emailed to the identified email address. (c) Any computer on the network running the Software can enable any other computer (on the same primary network) to generate reports. When a computer is enabled, that computer shows a notification that it is being monitored. As long as that computer is enabled, each time the Software is started the user of that particular computer will see a notification that it is being monitored by the reports feature. Any computer on the network with the Software installed can enable or disable any other computer from the reports feature.
In addition, AT&T and Cisco may collect and store detailed information regarding your network configuration and usage for the purpose of providing you technical networking support. The information is associated with you only when you provide a unique ID number to the support representative while you are receiving help. The unique ID is generated randomly on your computer upon installation and is completely under your control.
Software Upgrades etc. If the Software enables you to receive Upgrades, you may elect at any time to receive these Upgrades either automatically or manually. If you elect to receive Upgrades manually or you otherwise elect not to receive or be notif ied of any Upgrades, you may expose your product and/or the Software to serious security threats and/or some features within your product and/or Software may become inaccessible. There may be circumstances where we apply an Upgrade automatically in order to comply with changes in legislation, legal, security or regulatory requirements or as a result of requirements to comply with the terms of any agreements AT&T and Cisco has with any third parties regarding your product and/or the Software. You will always be notified of any Upgrades being delivered to you. The terms of this license will apply to any such Upgrade unless the Upgrade in question is accompanied by a separate license, in which event the terms of that license will apply.
Term and Termination. You may terminate this License at any time by destroying all copies of the Software and documentation. Your rights under this License will terminate immediately without notice from Cisco or AT&T if you fail to comply with any provision of this Agreement.
Limited Warranty. AT&T’S LIMITED WARRANTY FOR YOUR PRODUCT CAN BE FOUND IN THE USER MANUAL THAT CAME WITH THE PRODUCT. AT&T DOES NOT AUTHORIZE CISCO, NOR ANY OTHER PERSON OR ENTITY TO ASSUME ANY LIABILITY TO YOU BEYOND THE LIMITED WARRANTY FOR YOUR PRODUCT STATED IN THE USER MANUAL.
Technical Support. This limited warranty is neither a service nor a support contract.
Export. Software, including technical data, may be subject to U.S. export control laws and regulations and/or export or import regulations in other countries. You agree to comply strictly with all such laws and regulations.
U.S. Government Users. The Software and Documentation qualify as "commercial items" as defined at 48 C.F.R. 2.101 and 48 C.F.R. 12.212. All Government users acquire the Software and Documentation with only those rights herein that apply to non-governmental customers. Use of either the Software or Documentation or both constitutes agreement by the Government that the Software and Documentation are "commercial computer software" and "commercial computer software documentation," and constitutes acceptance of the rights and restrictions herein.
General Terms. This Agreement will be governed by and construed in accordance with the laws of the State of California , without reference to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of G oods will not apply. If any portion of this Agreement is found to be void or unenforceable, the remaining provisions will remain in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the Software and supersedes any conflicting or additional terms contained in any purchase order or elsewhere.
Cisco and the Cisco Logo and other trademarks contained in the Software and Documentation are trademarks or registered trademarks of Cisco, its licensors and third parties, as the case may be. AT&T and the AT&T Logo and other trademarks contained in the Software and Documentation are trademarks or registered trademarks of AT&T, its licensors and third parties, as the case may be. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software and Documentation. This Agreement does not authorize you to use Cisco's or AT&T's or their respective licensors' names or respective trademarks.
Schedule 2: Open Source Licenses and Copyright Notices
The open source licenses and notices pertaining to the AT&T Microcell product can be accessed here: