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ATHEROS COMMUNICATIONS, INC.

END USER LICENSE AGREEMENT

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THIS IS A CONTRACT. PLEASE READ IT CAREFULLY.

BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY IT. IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND THAT PERSON, COMPANY OR LEGAL ENTITY TO THIS AGREEMENT.

IF YOU ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, SIGNIFY YOUR AGREEMENT BY CLICKING THE “ACCEPT” BUTTON BELOW. IF YOU DO NOT AGREE TO THESE TERMS, CLICK “DECLINE” AND DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE SOFTWARE.

Definitions. "You" and "Yours" mean you individually, or, if you are accepting this Agreement on behalf of another person or a legal entity (e.g., company, partnership, government agency), such person or entity. "Confidential Information" means any trade secrets, confidential data, or other confidential information relating to or used in the Software, and the structure, sequence and organization of the Software.
License Grant and Restrictions. Subject to the terms and conditions of this Agreement, Atheros grants You a non-exclusive, personal, revocable license to use the software program in object code form, and related documentation (together: the “Software"), only in conjunction with a product including an Atheros Wireless LAN Chipset (“Component”), and only in the country where the Component was purchased. Any other use of the Software or removal of the Software from a country in which it is licensed shall automatically terminate this license. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. Title does not pass to You. There is no implied license, right or interest granted under any copyright, patent, trade secret, trademark, invention or other intellectual property right. You may not use, disclose, modify, reproduce or distribute the Software except as expressly permitted in this Agreement.
Copies. You may not copy the Software except for archival purposes or as necessary to use it in accordance with this License Agreement. You agree that all copies of the Software shall contain the same proprietary notices that appear on and in the Software.
No Reverse Engineering. You may not decompile, disassemble or otherwise reverse engineer or attempt to derive source code from the Software. If You are a European Union resident (or, for a legal entity, if your legal status is granted by a member of the European Union), information necessary to achieve interoperability with other programs is available upon request. You may not remove, efface or otherwise obscure any proprietary notices, labels, or marks in or on the Software.
Assignment. You may assign Your right under this Agreement to an assignee of all of Your rights and interest to the Software and Component only if You transfer all copies of the Software subject to this Agreement to such assignee and such assignee agrees to be bound by all the terms and conditions of this Agreement.
Termination. If You fail to comply with any provision of this Agreement, Your rights to use the Software shall automatically terminate without notice, and You must destroy all copies of the Software. You may terminate this Agreement at any time by destroying the Software.
NO WARRANTY. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, THIS SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS AND ATHEROS DISCLAIMS ALL WARRANTIES, TERMS OR CONDITIONS, EXPRESS OR IMPLIED, WHETHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION OR REPRESENTATIONS, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES AND ACCURACY OF INFORMATION GENERATED. YOU ASSUME THE ENTIRE RISK ARISING FROM THE USE OR PERFORMANCE OF THE SOFTWARE.
LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL ATHEROS OR ITS LICENSORS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE, PROFITS, BUSINESS, PRIVACY OR CONFIDENTIAL INFORMATION, OR FOR ANY OTHER NON-DIRECT DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE, OR THIS AGREEMENT OR THE PERFORMANCE OR BREACH HEREOF, REGARDLESS OF THE FORM OF ANY CLAIM (WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY), AND EVEN IF ATHEROS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE MAXIMUM CUMULATIVE LIABILITY OF ATHEROS AND ITS LICENSORS AND DISTRIBUTORS TO YOU FOR DAMAGES AND LOSSES OF ANY KIND, AND YOUR EXCLUSIVE REMEDY, SHALL BE THE GREATER OF THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE LICENSED HEREUNDER, OR $1. THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Export. The Software may be operated, exported or re-exported only in compliance with all applicable laws and export regulations of the United States and the country in which You obtained them. The Software is specifically subject to the U.S. Export Administration Regulations. You may not export or re-export, directly or indirectly, the Software or technical data licensed hereunder or the direct product thereof to any country, individual or entity for which the United States Government or any agency thereof, at the time of export, requires an export license or other government approval, without first obtaining such license or approval.
U.S. Government Rights. All Software and technical data are commercial in nature and developed solely at private expense. The software program and documentation are deemed to be “commercial computer software” and “commercial computer software documentation”, respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212(b), as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the software program and/or documentation by the U.S. Government or any of its agencies shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement. Any technical data provided that is not covered by the above provisions is deemed to be “technical data/commercial items” pursuant to DFAR Section 227.7015(a). Any use, modification, reproduction, release, performance, display or disclosure of such technical data shall be governed by the terms of DFAR Section 227.7015(b). The Contractor/Manufacturer of the Software is Atheros. The Software is a trade secret of Atheros for all purposes of the Freedom of Information Act and is, in all respects, proprietary data belonging solely to Atheros.
No Support. Nothing in this Agreement shall obligate Atheros to provide any support for the Software including without limitation any obligation to correct any defects or provide any updates to the Software to Licensee.
Entire Agreement; Other Signed License. This Agreement represents the complete agreement concerning the matters covered and supercedes all prior and contemporaneous proposals, agreements and understandings, written or oral. However, if You have in effect a signed license agreement with Atheros with respect to the Software covered by this Agreement, then notwithstanding any other provision in this Agreement, the terms of that signed license agreement shall control Your use of the Software and this Agreement will have no effect. If any provision of this Agreement is held to be unenforceable, such provision shall be modified only to the extent necessary to make it enforceable and the remainder of that provision and this Agreement will remain in full force and effect. This Agreement may be amended , and any of its provisions waived, only by a writing executed by both parties.
Governing Law and Venue. This Agreement is governed by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents, and by the laws of the United States. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Agreement. The Superior Court of Santa Clara County and/or the United States District Court for the Northern District of California shall have exclusive jurisdiction and venue over all controversies in connection herewith.