updated on Sat Jan 21 04:00:54 UTC 2012

[aur-mirror.git] / pvconverter-i686-bin / LICENSE

PUREVOICE PLAYER/RECORDER (“QCELP”) SOFTWARE LICENSE AGREEMENT 

THIS PUREVOICE PLAYER/RECORDER (“QCELP”) SOFTWARE LICENSE AGREEMENT (THE “Agreement”) IS A 
LEGALLY BINDING AGREEMENT BETWEEN QUALCOMM INCORPORATED ("QUALCOMM") AND THE LEGAL 
ENTITY YOU REPRESENT (“YOU”, “You” or “Your”). QUALCOMM IS WILLING TO LICENSE THE FREEWARE 
VERSION OF QUALCOMM’S PUREVOICE PLAYER/RECORDER (“QCELP”) SOFTWARE IN OBJECT CODE FORM 
FOR USE SOLELY ON DESKTOP COMPUTERS OR SERVERS RUNNING ON WINDOWS, MACINTOSH, LINUX, OR 
UNIX OPERATING SYSTEMS (HEREINAFTER REFERRED TO AS "QUALCOMM PUREVOICE SOFTWARE") TO 
YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS IN 
THIS AGREEMENT. BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU ACKNOWLEDGE THAT YOU HAVE 
READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF 
YOU DO NOT AGREE TO THESE TERMS, QUALCOMM IS UNWILLING TO AND DOES NOT LICENSE THE 
QUALCOMM PUREVOICE SOFTWARE OR DOCUMENTATION TO YOU, AND YOU MUST CLICK ON THE 
“DECLINE” BUTTON. IF YOU DO NOT AGREE TO THESE TERMS YOU MUST DISCONTINUE THE INSTALLATION 
PROCESS AND YOU SHALL NOT USE THE QUALCOMM PUREVOICE SOFTWARE OR RETAIN ANY COPIES OF 
THE QUALCOMM PUREVOICE SOFTWARE OR DOCUMENTATION. ANY USE OR POSSESSION OF THE 
QUALCOMM PUREVOICE SOFTWARE BY YOU IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN 
THIS AGREEMENT. 

1. LICENSE GRANT. QUALCOMM grants to You a nonexclusive, non-transferable, limited copyright license to 
use the QUALCOMM PureVoice Software to develop application programs therefrom (“Application Programs”) for use 
solely on a general-purpose computer system or server running Windows, Macintosh, Linux or Unix operating systems (a) 
to only encode QCELP content (convert to the QCELP format) for personal or business purposes, or (b) to encode and 
decode QCELP content solely for personal or internal business purposes. You may distribute such Application Programs 
only through sublicenses in the form attached hereto (End User Software License Agreement). You shall have no right to 
alter, modify, dis-assemble, translate or adapt the QUALCOMM PureVoice Software or create derivative works thereof. 
You are permitted to use the QUALCOMM PureVoice Software (directly or through Application Programs) only in 
compliance with the Telecommunications Industry Association's IS-733 speech standard, as it now exists or may be 
revised to exist in the future. QUALCOMM retains all right, title, and interest in and to the QUALCOMM PureVoice 
Software and any updates and improvements thereof, including without limitation all copyrights, patent rights and 
trademark rights and all other intellectual property rights therein. Except as expressly permitted above, You shall not use 
the QUALCOMM PureVoice Software for any other purpose. 
2. RETENTION OF RIGHTS. This Agreement does not convey to You any ownership interest in any of 
QUALCOMM’s intellectual property rights including but not limited to those incorporated in (a) the QUALCOMM PureVoice 
Software or any component of the QUALCOMM PureVoice Software, or (b) any QCELP patents, patent applications, 
works of authorship, trade secrets, know-how, ideas, or any other subject matter protectable under intellectual property 
rights laws of any jurisdiction. As between You and QUALCOMM, QUALCOMM is the sole and exclusive owner of and 
retains all rights, title and interest in and to all QUALCOMM PureVoice Software, including, without limitation, the items set 
forth in (a) and (b) above and all intellectual property rights in each of the foregoing. Neither the delivery of any 
QUALCOMM PureVoice Software nor any provision of this Agreement (including, without limitation, the rights and 
licenses granted by QUALCOMM to You in Section 1 (License Grant)) shall be deemed or construed to grant to You 
either expressly, by implication, by way of estoppel, or otherwise any right, license, or authority to infringe or immunity 
from infringement liability under (i) any patents, (ii) any inventions, or (iii) any other intellectual property rights covering or 
relating to any other product or any combination of the QUALCOMM PureVoice Software with any other product, whether 
owned or licensable by QUALCOMM, its affiliates or any other party. Any rights not expressly granted to You herein are 
hereby reserved by QUALCOMM. 
In addition, QUALCOMM may from time to time receive suggestions, feedback or other information from You concerning 
the QUALCOMM PureVoice Software. Any suggestions, feedback or other disclosures made by You are and shall be 
entirely voluntary on Your part. Notwithstanding any other term in this Agreement, QUALCOMM shall be free to use Your 
suggestions, feedback or other information in the further development of its QUALCOMM PureVoice Software, without 
obligation of any kind to You. The parties agree that all inventions, product improvements, and modifications to the 
QUALCOMM PureVoice Software conceived of or made by QUALCOMM that are based, either in whole or in part, on 
Your ideas, feedback, suggestions, or recommended improvements are the exclusive property of QUALCOMM, and all 
right, title and interest in and to any such inventions, product improvements, and modifications will vest solely in 
QUALCOMM. QUALCOMM reserves all rights not expressly granted herein. 

3. LICENSE RESTRICTIONS. You shall not use the QUALCOMM PureVoice Software or create Application 
Programs to run on digital signal processors (DSPs) or Application-Specific Integrated Circuits (ASICs), or in any manner 
in which the Application Programs are "burned" into ROM (read only memory) or flash ROM or otherwise permanently 
imbedded; Application Programs may run only on RAM (random access memory). You shall not use the QUALCOMM 
PureVoice Software to create Application Programs that (i) are placed on integrated circuits in portable devices, or (ii) 
provide transcoding that enables real-time voice communication. You shall not use the QUALCOMM PureVoice Software 
and/or any of its components or Application Programs as part of any wireless communication device. In no event shall the 
Application Program be implemented on servers which decode QCELP encoded content. 
You shall also not take or perform any actions in a manner that would require the QUALCOMM PureVoice Software to be 
licensed under Open License Terms (as defined below) including but not limited to: (a) combining the QUALCOMM 

QUALCOMM 1 

\f
PureVoice Software or any portions thereof with Open Source Software (as defined below), by means of incorporation or 
linking or otherwise; or (b) distributing the QUALCOMM PureVoice Software or any portion thereof with Open Source 
Software. Your rights under this Agreement are conditioned upon Your compliance herein. As used herein, the term 
“Open Source Software” means any software that is licensed under Open License Terms and the term “Open License 
Terms” means terms in any license for software which require, as a condition of use, modification and/or distribution of 
such software or other software incorporated into, derived from or distributed with such software (a “Work”), any of the 
following: (a) the making available of source code, object code, or design information regarding the Work; (b) the granting 
of permission for creating derivative works regarding the Work; or (c) the granting of a royalty-free license to any party 
under intellectual property rights regarding the Work. By means of example and without limitation, Open License Terms 
includes the following licenses or distribution models: the GNU General Public License (GPL), the GNU Lesser or Library 
GPL (LGPL), Mozilla Public License (MPL), or any similar open source, free software or community licenses. The rights 
granted by QUALCOMM above (License Grant) are expressly conditioned upon You, Your affiliates and each of Your 
respective subcontractors, sublicensees and customers not engaging in any act or failure to act, that enables, causes or 
facilitates any use or distribution of the QUALCOMM PureVoice Software (or any third-party software) in a manner that 
causes any patents, copyrights or other intellectual property rights owned or controlled by QUALCOMM or any of its 
affiliates (or for which QUALCOMM or any of its affiliates has received license rights) to become subject to any 
encumbrance or terms and conditions of any Open License Terms. Additionally, no act by QUALCOMM or any of its 
affiliates that is undertaken relating to the QUALCOMM PureVoice Software shall be later interpreted or otherwise 
construed as being inconsistent with the intent to not cause any patents, copyrights or other intellectual property rights 
owned or controlled by QUALCOMM or any of its affiliates (or for which QUALCOMM or any of its affiliates has received 
license rights) to become subject to any encumbrance or terms and conditions of any Open License Terms. 

4. QUALCOMM OWNERSHIP. You acknowledge and agree not to contest that QUALCOMM is the sole and 
exclusive owner of all rights, title and interest, including copyrights, trademarks, patents and trade secrets in the 
QUALCOMM PureVoice Software, as well as the underlying QUALCOMM code which exists in the Application Programs. 
You shall retain ownership of the Application Programs with respect to all original code which You add or insert in the 
Application Programs (the “Original Code”). Such ownership rights to the Application Programs will not extend to any 
portion of the Application Programs which contains QUALCOMM code. The foregoing notwithstanding, QUALCOMM 
shall have no right or interest in the Original Code. Except for the rights expressly enumerated herein, You are not 
granted any rights to patents, copyrights, trade secrets, trade names, trademarks (whether or not registered), or any other 
rights or licenses with respect to the QUALCOMM PureVoice Software or Application Programs. With respect to Your use 
of the QUALCOMM PureVoice Software for Application Programs, You agree to include a copy of the End-User License 
Agreement (attached hereto as Exhibit A), QUALCOMM’s copyright and other proprietary notices and disclaimer of 
warranty, on any copy of its Application Programs and to distribute Application Programs only in a manner that requires 
an end user’s binding consent to the terms of the End User License Agreement. You agree to promptly notify 
QUALCOMM of any breach or alleged breach of the End User License Agreement of which You become aware, and You 
shall use reasonable efforts to enforce the terms and conditions applicable to the Application Programs, or any 
component thereof, contained in such license. 
5. PROPRIETARY NOTICES. In order to protect the copyright and other ownership interests of QUALCOMM and 
its licensors, You agree that, as a condition of its rights hereunder, all copyright and other proprietary notices which are 
embedded in or appear on tangible copies of the QUALCOMM PureVoice Software and its associated documentation 
shall also appear in the same manner in each such copy of the Application Programs. 
6. TRADE SECRETS. You acknowledge and agree that those techniques, algorithms, and processes contained 
in the QUALCOMM PureVoice Software which have been developed, acquired, or licensed by QUALCOMM, or any 
modification or extraction thereof, constitute trade secrets of QUALCOMM or its licensors, and You agree that they will be 
used by You only in accordance with the terms of this Agreement. You shall, by all necessary means, protect the 
proprietary rights of QUALCOMM in the QUALCOMM PureVoice Software and the Application Programs, including 
without limitation, securing and/or maintaining employee confidentiality agreements, security access to the QUALCOMM 
PureVoice Software, password protection, numbered copies, and preserving all legal and equitable remedies available. 
You shall not disseminate any portion of the QUALCOMM PureVoice Software or the Application Programs, or any 
computer software or hardware embodying or based upon the foregoing, to any third party for any reason whatsoever, 
except as expressly provided for in this Agreement. Such obligations shall not apply to information that (i) has entered the 
public domain through no effort or action by You; (ii) was independently developed by You (for example, Original Code 
when used separately from the Application Programs); (iii) was rightfully disclosed to You without confidentiality 
restrictions by a third party; and (iv) is required to be disclosed by governmental law, regulation or order. 
7. UNAUTHORIZED DISTRIBUTION OR COPYING. You acknowledge and agree that You are prohibited from 
distributing, copying, duplicating, using or otherwise reproducing all or any part of the QUALCOMM PureVoice Software or 
Application Programs, except as expressly provided for in this Agreement. You further agree that (i) distributing, copying, 
duplicating, or otherwise reproducing all or any part of the QUALCOMM PureVoice Software or Application Programs, 
except as expressly provided for in this Agreement, or (ii) failing to protect the QUALCOMM PureVoice Software shall be 
considered a material breach of this Agreement. 
8. DERIVATIVE RIGHTS. QUALCOMM shall have derivative rights to any interface code written for or used with 
the QUALCOMM PureVoice Software by You. 
9. PROPRIETARY INFORMATION. You shall not allow any third party to modify, alter, attempt to disassemble, 
decompile, or otherwise reverse engineer the Application Programs. When reverse engineered and decompiled, the 
QUALCOMM 2 

\f
Application Programs contain the trade secrets and proprietary and confidential information of QUALCOMM. Provided 
that this prohibition shall not apply with respect to the Original Code. 

10. OWNERSHIP OF TRADEMARKS. You acknowledge the ownership of the QUALCOMM trademarks by 
QUALCOMM. You shall not do anything which is inconsistent with such ownership. You shall use commercially 
reasonable efforts to preserve QUALCOMM’s rights in the QUALCOMM trademarks. All use of the QUALCOMM 
trademarks by You shall inure to the benefit and be on behalf of QUALCOMM. You acknowledge that Your utilization of 
the QUALCOMM trademarks will not create in it, nor will it represent You have any right, title, or interest in or to such 
QUALCOMM trademarks other than the licenses expressly granted herein. You shall not do anything to contest or impair 
the trademark rights of QUALCOMM. 
11. COSTS AND SUPPORT. You are solely responsible for all costs and expenses incurred in connection with the 
creation and distribution of the Application Programs and all support activities relating to the Application Programs. 
QUALCOMM shall have no obligation to provide maintenance, support, upgrades or new releases of the QUALCOMM 
PureVoice Software to You or to any distributee of the Application Programs. 
12. CONFIDENTIALITY. The QUALCOMM PureVoice Software and all related information provided hereunder 
are confidential and proprietary to QUALCOMM . Except as expressly permitted in this Agreement, You shall not to 
disclose or permit the disclosure of the QUALCOMM PureVoice Software in any form or any information relating to the 
QUALCOMM PureVoice Software (including without limitation the results of use or testing) to any third party without 
QUALCOMM ’s prior written permission. You agree that You will only use the QUALCOMM PureVoice Software and 
related information for the purposes contemplated under this Agreement. Unauthorized use or disclosure of the 
QUALCOMM PureVoice Software and/or such information would cause irreparable harm and significant injury to 
QUALCOMM that would be difficult to ascertain or quantify; accordingly You agree that QUALCOMM shall have the right 
to obtain injunctive or other equitable relief to enforce the terms of this Agreement without limiting any other rights or 
remedies. You acknowledge and agree that the QUALCOMM PureVoice Software is provided “AS IS” and that 
QUALCOMM is under no obligation to provide any form of technical support for the QUALCOMM PureVoice Software. 
You further acknowledge and agree that if QUALCOMM , in its sole discretion, chooses to provide any form of support or 
information relating to the QUALCOMM PureVoice Software, such support and information shall be deemed confidential 
and proprietary to QUALCOMM and shall be protected in accordance with this Section. 
13. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE QUALCOMM 
PUREVOICE SOFTWARE AND DOCUMENTATION IS AT YOUR SOLE RISK. THE QUALCOMM PUREVOICE 
SOFTWARE, DOCUMENTATION AND TECHNICAL SUPPORT, IF ANY, ARE PROVIDED "AS IS" AND WITHOUT 
WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED UNDER 
APPLICABLE LAWS, QUALCOMM, AND ITS LICENSOR(S) (FOR THE PURPOSES OF SECTIONS 13, 14, AND 15, 
QUALCOMM AND ITS LICENSOR(S) SHALL BE COLLECTIVELY REFERRED TO AS QUALCOMM) EXPRESSLY 
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES 
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. QUALCOMM DOES 
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE QUALCOMM PUREVOICE SOFTWARE WILL MEET 
YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE QUALCOMM PUREVOICE SOFTWARE WILL BE 
UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE QUALCOMM PUREVOICE SOFTWARE WILL BE 
CORRECTED. FURTHERMORE, QUALCOMM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS 
REGARDING THE USE OR THE RESULTS OF THE USE OF THE QUALCOMM PUREVOICE SOFTWARE IN TERMS 
OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR 
ADVICE GIVEN BY QUALCOMM OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN 
ANY WAY INCREASE THE SCOPE OF ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION 
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY OR MAY BE LIMITED. 
14. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, 
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL QUALCOMM, ITS 
AFFILIATES OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, 
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES 
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE 
LIKE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY DOWNLOAD, INSTALLATION OR 
USE OF, OR INABILITY TO USE, THE QUALCOMM PUREVOICE SOFTWARE, EVEN IF QUALCOMM HAS BEEN 
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION 
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR 
EXCLUSION MAY NOT APPLY OR MAY BE LIMITED. QUALCOMM HAS NO OBLIGATION TO DEFEND OR 
INDEMNIFY YOU UNDER THIS AGREEMENT. IN NO EVENT SHALL QUALCOMM’S TOTAL AGGREGATE LIABILITY 
TO YOU FOR ANY AND ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, 
TORT, INCLUDING NEGLIGENCE, INDEMNIFICATION, OR OTHERWISE) EXCEED ONE HUNDRED U.S. DOLLARS 
(US$100). 
15. INDEMNITY. You hereby agree to defend, indemnify and hold QUALCOMM and its affiliates, and their 
respective officers, directors, employees, agents, successors and assigns harmless from and against any and all claims, 
losses, damages, judgments, costs, liabilities and expenses (including attorneys' fees) arising out of or related to (i) Your 
use or misuse of the QUALCOMM PureVoice Software, including without limitation, any use, reproduction or distribution 
of the QUALCOMM PureVoice Software by You, which causes an infringement of any patent, copyright, trademark, trade 
secret, or other property, publicity or privacy rights of any third parties arising in any jurisdiction anywhere in the world, or 
QUALCOMM 3 

\f
(ii) any breach of this Agreement by You. If requested by QUALCOMM , You agree to defend QUALCOMM in connection 
with any third party claims, demands, or causes of action resulting from, arising out of or in connection with any of the 
foregoing. 
16. TERM AND TERMINATION. This Agreement shall be effective upon acceptance by You and shall continue 
until terminated. You may terminate the Agreement at any time by deleting and destroying all copies of the QUALCOMM 
PureVoice Software and all related information in Your possession or control. This Agreement terminates immediately and 
automatically, with or without notice, if You fail to comply with any provision hereof. Additionally, QUALCOMM may at 
any time terminate this Agreement, without cause, upon notice to You. Upon termination You must delete or destroy all 
copies of the QUALCOMM PureVoice Software and Documentation in Your possession and the license granted to You in 
this Agreement shall terminate. The rights and obligations which by their sense and context are intended to survive any 
termination or expiration of the Agreement shall so survive. In the event that any restrictions, conditions, limitations or 
exclusions that are set forth in Section 2 (Retention of Rights) or Section 3 (License Restrictions) of this Agreement are 
found to be either invalid or unenforceable, the rights granted in Section 1 (License Grant) shall be null, void and 
ineffective from the Effective Date, and QUALCOMM shall also have the right to terminate this Agreement immediately, 
and with retroactive effect to the Effective Date. 
17. EXPORT COMPLIANCE ASSURANCES. You acknowledge that all software, source code and technology 
(collectively, “Products”) that may be obtained from QUALCOMM are subject to the US government export control and 
economic sanction laws, including the Export Administration Regulations (“EAR”, 15 CFR 730 et seq., 
http://www.bis.doc.gov/) administered by Department of Commerce, Bureau of Industry and Security; and the Foreign 
Asset Control Regulations (31 CFR 500 et. seq., http://www.treas.gov/offices/enforcement/ofac/) administered by the 
Department of Treasury, Office of Foreign Assets Control (“OFAC”). You assure that You, Your subsidiaries and Your 
affiliates will not directly or indirectly export, re-export, transfer or release (collectively, “export”) any Products or direct 
product thereof to any destination, person, entity or end use prohibited or restricted under US law without prior US 
government authorization to the extent required by regulation. The US government maintains embargoes or sanctions 
against certain countries, currently Cuba, Iran, North Korea, Sudan and Syria, but any amendments to the countries under 
US embargo or sanction shall apply. You agree not to contribute any encryption technology, source code (and 
corresponding object code) with cryptographic functionality. You further acknowledge that other countries may have trade 
laws pertaining to import, use, export or distribution of Products, and that compliance with same is the responsibility of 
You. This Section 8 (Export Compliance Assurances) shall survive the expiration or termination of the Agreement with 
QUALCOMM . 
18. GOVERNMENT END USERS. If You are acting on behalf of an agency or instrumentality of the U. S. 
government, the QUALCOMM PureVoice Software and Documentation, as applicable, are "commercial computer 
software" and "commercial computer software documentation" developed exclusively at private expense by QUALCOMM. 
Pursuant to FAR 12.212 or DFARS 227 7202 and their successors, as applicable, use, reproduction and disclosure of the 
QUALCOMM PureVoice Software is governed by the terms of this Agreement. 
19. GENERAL. This Agreement is governed and interpreted in accordance with the laws of the State of California 
without giving effect to its conflict of laws provisions. The United Nations Convention on Contracts for the International 
Sale of Goods is expressly disclaimed and shall not apply. Any claim arising out of or related to this Agreement must be 
brought exclusively in a federal or state court located in San Diego County, California and You consent to the jurisdiction 
and venue of such courts. If any provision of this Agreement shall be invalid, the validity of the remaining provisions of this 
Agreement shall not be affected. The restrictions, limitations, exclusions and conditions set forth in this Agreement shall 
apply even if QUALCOMM or any of its affiliates becomes aware of or fails to act in a manner to address any violation or 
failure to comply therewith. You hereby acknowledge and agree that the restrictions, limitations, conditions and 
exclusions imposed in this Agreement on the rights granted in this Agreement are not a derogation of the benefits of such 
rights. This Agreement is the entire and exclusive agreement between QUALCOMM and You with respect to the 
QUALCOMM PureVoice Software and supersedes all prior agreements and other communications (whether written or 
oral). 
BY CLICKING ON THE “YES” OR “ACCEPT” BUTTON BELOW, YOU REPRESENT, WARRANT AND CERTIFY 
THAT: YOU ARE AN AUTHORIZED REPRESENTATIVE OF THE LEGAL ENTITY YOU REPRESENT; YOU HAVE 
READ THIS AGREEMENT AND UNDERSTAND IT; YOU HAVE THE AUTHORITY TO BIND THE LEGAL ENTITY YOU 
REPRESENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT; AND YOU AGREE TO BE BOUND BY ITS 
TERMS AND CONDITIONS. 

Copyright (c) 2010 QUALCOMM Incorporated. All rights reserved. QUALCOMM, QCELP, and PureVoice are registered 
trademarks of QUALCOMM Incorporated. QUALCOMM is also a registered servicemark of QUALCOMM Incorporated. 
Windows is a trademark of Microsoft Corporation registered in the U.S. and other countries. All other trademarks and 
service marks are the property of their respective owners 

QUALCOMM 4 

\f
End User Software License Agreement 

THIS PRODUCT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED BY 
______________________________________ (LICENSOR) TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET 
FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE 
THE SOFTWARE. USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS. 

Licensor grants to the user a nonexclusive license to use the accompanying software programs (the “Software”), subject 
to the terms and conditions set forth in this License Agreement, solely for use on general-purpose computer systems or 
servers running on Windows, Macintosh, Linux or Unix operating systems (a) to only encode QCELP content (convert to 
the QCELP format) for personal or business purposes, or (b) to encode and decode QCELP content solely for personal or 
internal business purposes. The user may not commercially distribute, sublicense, resell, or otherwise transfer for any 
consideration, or reproduce for any such purposes, the Software or any modification or derivation thereof, either alone or 
in conjunction with any other product or program. The user may not modify the Software. Further, no license is granted 
to user in the human readable code of the Software (source code). Except as expressly provided herein, this License 
Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect 
to the Software. 

Modification, reverse engineering, reverse compiling, or disassembly of the Software is expressly prohibited. If applicable 
law limits such activities, any information so discovered must be promptly disclosed to Licensor and shall be deemed to 
be the confidential proprietary information of Licensor's licensor. 

The user shall not export or re-export the Software or accompanying documentation (or any copies thereof) or any 
products utilizing the Software or such documentation in violation of any applicable laws or regulations of the United 
States or the country in which you obtained them. 

You acknowledge and agree that the structure, sequence and organization of the Software are the valuable trade secrets 
of Licensor and its licensors. You agree to hold such trade secrets in confidence. You further acknowledge and agree 
that ownership of, and title to, the Software and all subsequent copies thereof regardless of the form or media are held by 
Licensor and/or its licensors. 

THE SOFTWARE IS PROVIDED TO THE USER ''AS IS.'' LICENSOR AND/OR ITS LICENSORS MAKE NO 
WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE AND/OR ASSOCIATED 
MATERIALS PROVIDED TO THE USER, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF 
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. LICENSOR AND/OR 
ITS LICENSORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR 
REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, 
OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, LICENSOR AND/OR ITS 
LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS 
OF THE USE OF THE SOFTWARE OR ANY DOCUMENTATION PROVIDED THEREWITH IN TERMS OF THEIR 
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE 
GIVEN BY LICENSOR OR A LICENSOR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN 
ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. 

LIMITATION OF LIABILITY - LICENSOR AND ITS LICENSORS ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES 
WHATSOEVER, INCLUDING PROPERTY DAMAGE, PERSONAL INJURY, INTELLECTUAL PROPERTY 
INFRINGEMENT, LOSS OF PROFITS, OR INTERRUPTION OF BUSINESS, OR FOR ANY SPECIAL, 
CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER ARISING OUT OF BREACH OF 
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. 

This License Agreement is effective until terminated. You may terminate it at any time by destroying the Software and 
documentation together with all copies and merged portions in any form. It will also terminate immediately if you fail to 
comply with any term or condition of this License Agreement. Upon such termination you agree to destroy the Software 
and documentation, together with all copies and merged portions in any form. 

This License Agreement shall be governed by the laws of the State of California without regard to conflict of law 
principles. Any action to construe or enforce this License Agreement shall be brought only in a court of competent 
jurisdiction in San Diego County, California. 

Copyright (c) 2010 QUALCOMM Incorporated. All rights reserved. QUALCOMM, QCELP, and PureVoice are registered 
trademarks of QUALCOMM Incorporated. QUALCOMM is also a registered servicemark of QUALCOMM Incorporated. 
Windows is a trademark of Microsoft Corporation registered in the U.S. and other countries. All other trademarks and 
service marks are the property of their respective owners 

QUALCOMM 5 

\f