QUALCOMM Incorporated License Terms for QPOPPER QUALCOMM grants to the user a nonexclusive license to use the QPOPPER Software solely for User's own 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, QPOPPER Software or any modification or derivation thereof, either alone or in conjunction with any other product or program. Further, the user may not modify QPOPPER Software, other than for User's own personal or internal business use. QPOPPER SOFTWARE IS PROVIDED TO THE USER ''AS IS.'' QUALCOMM MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE QPOPPER 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. QUALCOMM DOES 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, QUALCOMM DOES 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 QUALCOMM OR A QUALCOMM AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. LIMITATION OF LIABILITY -- QUALCOMM 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. Copyright © 1992-1997 by QUALCOMM Incorporated. All rights reserved. QUALCOMM is a registered trademark and registered service mark of QUALCOMM Incorporated. All other trademarks and service marks are the property of their respective owners. 2/10/97 IMPORTANT This software program contains code, and/or derivatives or modifications of code originating from the software program “Popper.” Popper is ©Copyright 1989-1991 The Regents of the University of California, All Rights Reserved. Popper was created by Austin Shelton, Information Systems and Technology, University of California, Berkeley. Permission from the Regents of the University of California to use, copy, modify, and distribute the “Popper” software contained herein for any purpose, without fee, and without a written agreement is hereby granted, provided that the above copyright notice and this paragraph and the following two paragraphs appear in all copies. HOWEVER, ADDITIONAL PERMISSIONS MAY BE NECESSARY FROM OTHER PERSONS OR ENTITIES, TO USE DERIVATIVES OR MODIFICATIONS OF POPPER. IN NO EVENT SHALL THE UNIVERSITY OF CALIFORNIA BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OF THE POPPER SOFTWARE, OR ITS DERIVATIVES OR MODIFICATIONS, AND ITS DOCUMENTATION, EVEN IF THE UNIVERSITY OF CALIFORNIA HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGE. THE UNIVERSITY OF CALIFORNIA, SPECIFICALLY DISCLAIMS ANY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE POPPER SOFTWARE PROVIDED HEREUNDER IS ON AN “AS IS” BASIS, AND THE UNIVERSITY OF CALIFORNIA HAS NO OBLIGATIONS TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENCHANCEMENTS, OR MODIFICATIONS.